> The sooner they fork SUSE the sooner they can get a head start on the
> project. For all the SUSE fans here, you should be happy of a fork.
> You will still have a SUSE.

If Novell were to become unable to distribute the software, then so would
every other linux distributor, a fork would not save you. The only thing
that could prevent Novell from distributing the software is the GPL
section which prevents distribution of patent encumbered software without
obtaining a licence for everyone to use freely.


"If, as a consequence of a court judgment *or allegation of patent
infringement* or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License.  If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, *then as a consequence you
may not distribute the Program at all.*"

Novell's stated position is that the GPLed software they distribute does
not infringe Microsoft's patents, and if any infringements are found they
will remove them. Indeed they must, or they cannot satisfy the
requirements of the above section. The agreement with Microsoft does not
let them off the hook and allow them to distribute infringing software.

So if Microsoft alleges patent infringement in specific code it must be
removed, Novell cannot continue to distribute it (to the US) neither can
Debian, or Ubuntu, or a SUSE fork, as they cannot grant their distributees
the right to freely distribute it. Forking or using another distribution
will not change anything.


> I will be first to admit, I have no clue as to how much work and
> effort is involved in creating a fork of a distro.

Indeed, apart from being an entirely pointless exercise as the fork would
be just as illegal to distribute as the original, it would also never
happen.

I don't think you realise how small the non-suse community is so far. And
how few resources it has. If you think they could provide dozens of
packagers to package the wealth of software SUSE currently distribute,
produce the funds to Fund hardware for core mirror infrastructure, Build
service, bugzilla, mailing lists, and everything else that is involved you
are deluding yourself.


> "*We* need to convince OpenSUSE to fork, or let 'em die. To bad, it is
> a wonderful Distro. But their parent company is NOT our friend."

A tip, if you're going to use a sig that makes you sound like an idiot
anyway, at least try to use correct spelling and grammar.

_
Benjamin Weber
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