“ We disagree with the late statements made by Microsoft on the topic of Linux and letters patent , ” Novell CEO Ron Hovsepian wrote in an open alphabetic character posted on Novell ’s website . “ Importantly , our understanding with Microsoft is in no way an acknowledgement that Linux infringes upon any Microsoft intellectual belongings . To claim otherwise is to further sow fear , uncertainty and doubt , and does not offer a fair basis for competition . ”
A once - bitter rival of Microsoft and creator of the SUSE Linux dispersion that compete with Windows , Novell signed an agreement with Microsoft on Nov. 2 in which both companies pledged to make their software sour together better , serve each other with sale and marketing and protect their corporate customer against possible patent lawsuits .
Microsoft also released a command on Monday , saying that it “ observe Novell ’s point of panorama on the letters patent egress , even while we respectfully take a unlike view . Novell is absolutely correct in posit that it did not admit or acknowledge any letters patent job as part of entering into the patent collaboration agreement . At Microsoft , we contract our own analysis of our patent of invention portfolio and concluded that it was necessary and of import to create a patent concordat for customers of these products . ”
When the Nov. 2 treaty was declare , Microsoft executives declined to say whether they feel the Linux type O includes Microsoft noetic property or otherwise run afoul on its letters patent .
But in a question - and - result school term at a database conference in Seattle on Thursday , Ballmer openly asseverate that “ Linux utilise our intellectual property ” and users of the heart-to-heart - author operating arrangement face “ an undisclosed balance wheel - sheet liability ” as a result .
In his alphabetic character , Hovsepian reiterated Novell ’s anterior stance that the patent tidy sum with Microsoft does not imply that the Linux root codification infringed on Microsoft ’s patents . “ When we entered the patent cooperation agreement with Microsoft , Novell did not agree or admit that Linux or any other Novell offering violates Microsoft ’s patents . We powerfully object to the usance of our agreement to suggest that member of the Linux community owe Microsoft any remuneration . ”
In a conference call tardily in the day , Novell and Microsoft executives emphasized that the two fellowship stay committed to their unbelievable alliance . “ We are not distancing ourselves from the agreement . We call back it ’s an prominent agreement , ” say John Dragoon , chief marketing officer at Novell . “ We are not distancing ourselves from Steve [ Ballmer ] . He can comment however he like . ”
“ Where we contend with some company with like technology , it is common for there to be overlap , ” Kaefer enunciate . “ It ’s not because one is a just party and the other is a regretful party , it ’s because we have both created a portion of note value . ”
Kaefer confirmed that the two companies shared their respective patent portfolios with each other before signal the deal , though he say that was also a typical line of work recitation . “ We said ‘ This is what we got . ’ Both companies were aware of what each other has , ” Kaefer said .
Neither he nor Dragoon would say how broad the patent review was , nor whether it change state up any potential assault of Microsoft patents in the Linux generator code .
require whether Microsoft would believe revealing what parts of Linux allegedly dishonour the company ’s intellectual property so that candid - reservoir developers could throw out the offending code , Kaefer demurred , suppose it would not be “ very fertile . ”
“ patent of invention are hard to understand . You have to have a certain level of expertise to infer the cathode-ray oscilloscope . And there are legitimate questions about patent character , ” he say . “ The realism is that you ’d have to look at yard of patents and thousands of Cartesian product . To centre on every single one would be prohibitive . ”
Asked whether Linux hobbyist and desktop users should concern about Microsoft suing them , Kaefer allege Microsoft “ does not have a history of letters patent litigation , ” having sued only one ship’s company , peripherals manufacturing business Belkin , in the last decade .
Dragoon declined to gloss on reports that the in - the - works variant of the GPL , interpretation 3 , will picture the Novell - Microsoft deal invalid , call it “ speculation . ”
