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Posted in Action, Boycott Novell, FUD, GPL, Intellectual Monopoly, Microsoft, Novell, OpenSUSE, Patent Covenant at 12:40 pm by Shane Coyle
As RMS and others have been pointing out, the loophole for Novell in this deal is that MS is giving their patent offer to Novell’s customers (the actual wording is those copies for which Novell has received revenue, with a definition to include upgrades). So, as a Novell Customer you enjoy the benefits of the MS Patent Pledge as a result of Novell’s deal with Microsoft. Great for you, but one problem: you may not be able to redistribute GPL code now.
=> ↺ RMS | ↺ actual wording | ↺ MS Patent Pledge
Think about it, if Section 7 doesn’t apply to Novell since they are not receiving the patent covenant – but the customers who are receiving it. By supporting Novell, you accept these new conditions imposed by Microsoft, you may not be able to simultaneously adhere to the MS Patent Pledge and the conditions of the GPL, since any distribution outside of giving back to OpenSUSE.org is disallowed by the MS Patent Pledge.
Novell customers may have to thank Novell for entering into this agreement with Microsoft on their behalf, their little loophole for attempting to circumvent the GPL. Eben Moglen says that not Novell but its customers may be violating the GPL if they redistribute the software:
[If] the patent license Microsoft has granted to Novell customers only extends to Novell customers, then Novell customers cannot redistribute the software freely. According to Moglen, this may violate the terms of the license.
The community needs to turn its back on Novell and SUSE, DO NOT USE, BUY, REDISTRIBUTE or HOST NOVELL or SUSE. Boycott Novell.
Please, as I have stated before, do not think that I have any animous towards the folks in the OpenSUSE community, just get a new name and website (you can keep the code, it’s GPL).
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