Bryan J. Smith wrote:

> And what really has to end is the "guilt by association."  Even IBM has
> broad contracts and licensing agreements with Microsoft.  Why?
>
> IBM *STILL* makes most of its money consulting on Windows.  ;->

Yes, but IBM doesn't come up with weaselly constructions to work around the 
GPL in order to get hand-outs from Microsoft. »Intellectual property« is 
something that IBM understands very well and is quite religious about -- 
consider how JFS was re-implemented for Linux based on the OS/2 code base 
rather than that of AIX. If IBM wanted an MS »OpenXML« import/export filter 
for OpenOffice.org they would probably go right ahead and code one from the 
ECMA spec (they could raise the small army of developers required to do it if 
they really wanted to) rather than even give the semblance of tainting the 
code base with Microsoft »IP«.

The problem with the Novell-Microsoft deal is the credibility that it gives to 
FUD-mongers such as Steve Ballmer, who take the appearance that some 
not-really-disclosed deal involving patents has been going on between the two 
as a tacit admission that there actually *is* something to deal about, hence 
that there must be some issues worth fighting over. See the violent 
backpedaling on the part of Novell that no, they don't think there is 
anything to worry about, etc. So why enter into that part of the deal to 
begin with?

If Microsoft really believes that Linux violates MS patents then let them sue. 
The fact that this hasn't happened yet (even without weaselly »covenants not 
to sue«) should tell us something -- if only that vague threats make for much 
better FUD than actual lawsuits, especially those that you lose, as the SCO 
folks have found out to their chagrin (and MS has been on the receiving end 
of IP lawsuits, and losing, much more often than they would like). There are 
those who believe that MS is just waiting for software patents to somehow be 
slipped into EU law before launching the equivalent of global thermonuclear 
warfare on Linux. I'm not convinced. Linux is now in a happy position where 
an attempt to litigate it into oblivion would only get Microsoft into trouble 
for antitrust practices. In fact one likely consequence of the 
Novell-Microsoft deal is that Microsoft can now tell the EU commission »look 
how we're really interested in interoperability -- we even work with our main 
competitor to ensure it« in order to do an end-run around the specification 
publication problems that they have in the EU.

The other problem with the Novell-Microsoft deal is that it shows us that 
Novell is not the all-singing all-dancing open-source-grokking company whose 
image it tries to project. In spite of all the nice things they've done 
they're not going to out-Red Hat Red Hat anytime soon. IMHO, the fact that 
Microsoft was able to land this deal with Novell rather than Red Hat derives 
directly from the different outlook that the two companies have on free 
software in the grand scheme of things. Red Hat has drawn its share of flak 
in the past, but never for the sheer amount of chutzpah combined with 
apparent bumbling idiocy that Novell has been treating us to recently. Ron 
Hovsepian and friends are basically trading off Novell-SUSE's street 
credibility within the community in order to make its products more 
attractive to companies; it will be interesting to see who wins in the long 
run, but so far I'm fairly sure, personally, that it won't be Novell.
 
Anselm

(This is my personal opinion and not that of Linup Front GmbH.)
-- 
Anselm Lingnau ... Linup Front GmbH ... Linux-, Open-Source- & Netz-Schulungen
Linup Front GmbH, Postfach 100121, 64201 Darmstadt, Germany
[EMAIL PROTECTED], +49(0)6151-9067-103, Fax -299, www.linupfront.de
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