Novell and Microsoft have clashed over the question of whether Linux infringes Microsoft's intellectual property, just 18 days into their controversial partnership.
Earlier this month the two companies formed an alliance to "improve interoperability" between Windows and Novell's Suse Linux. This includes Microsoft offering Novell products to customers who wish to deploy a mixed proprietary/open-source environment. As part of a complicated series of payments, Novell is also paying Microsoft $40m to ensure Microsoft won't sue Suse customers for patent infringement.
But following Microsoft chief executive Steve Ballmer's claims on Friday that Linux used Microsoft's intellectual property, Novell has hit back. Posting an open letter on his company's website, Novell's chief executive Ron Hovsepian strongly refuted Ballmer's claims.
Hovsepian said that Novell did not agree that it is infringing Microsoft patents. "We disagree with the recent statements made by Microsoft on the topic of Linux and patents," wrote Hovsepian. "Importantly, our agreement with Microsoft is in no way an acknowledgement that Linux infringes upon any Microsoft intellectual property."
But Microsoft was antagonised, and responded within hours, publishing a letter in a similar manner on its own website. With no name attached, Microsoft wrote, "Microsoft and Novell have agreed to disagree on whether certain open-source offerings infringe Microsoft patents and whether certain Microsoft offerings infringe Novell patents... The agreement puts in place a workable solution for customers for these issues, without requiring an agreement between our two companies on infringement. We respect Novell's point of view on the patent issue, even while we respectfully take a different view."
Talkback
In my experience, when Companies have even the slightest inclination that their legal rights are breached, then they attempt to resist that breach with legal argument - normally through the Courts.
Also in my experience, when Companies - especially Microsoft - have absolutely no facts at their disposal, they make them up and post letters all over the intranet claiming that these breaches have happened.
Microsoft have paid a lot of money to Novell. According to Balmer, an element of this is being repaid to represent a payment to Microsoft to recompense MS for patent infringement which Novell specifically deny. I think I can see which of the two above categories this statement relates to.
It's hardly a surprise, however it is dissapointing when there did seem to be a softening of M$'s attitude until the recent comments from Ballmer.
Regardless of the merits of their software, M$ are the school bully. I guess the leopard will never change it's spots.
Nevertheless, I think Novell may well be attempting the impossible and perhaps at the same time throwing (non-Novell) Linux and GLP software to the wolves.
Considering Linux is a variant of Unix, which was around long before M$, maybe the only infringement is from the Redmond side. I remember the early days of M$ they were using Apple as their R&D division, only now they call it "innovation."
I think that M$ must be in breach of many patents. We just don't know.