New GPL clause to flip Microsoft-Novell deal on its head?

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Trippy comment Loverock.: Let's consider the options for Novell and Microsoft if the 44% of SuSe distribution that is GPL or a future version licensed is relicensed under GPL version 3:

1) Novell can stick with the version 2 of everything and gradually become outdated and thereby unsaleable. Profits drop. Novell goes down the tubes. The Free Software they've produced remains Free, so GNU/Linux loses nothing. Good for us, bad for Novell.

2) Novell can fork every single program in that 44% and thereby create a lot of work for themselves, which will make Novell unprofitable. Profits drop. Novell goes down the tubes. The Free Software they've produced remains Free, so GNU/Linux loses nothing. Good for us, bad for Novell.

3) Novell can stop distributing those programs and look for alternatives. However, some of these programs have no alternatives: GIMP, Wine, SAMBA, to name a few and they will have to rewrite those from scratch. See 2) above for result.

4) They can accept the new terms under GPL version 3 and renegotiate the terms of their contract with Microsoft. Deals are not a done deal ever. There is always room to negotiate.

Now, what does Microsoft do (I'll keep the responses parallel to the stimulus):

1) Microsoft watches a long time competitor whither away and die. Forget that they sell Linux; they also sell Netware and their own directory service - long thorns in Microsoft's side.

2) Same as 1

3) Same as 2

4) Microsoft refuses to update the deal to Novell. Novell must adopt a new strategy. Microsoft does the same as 3 above.

The choice Novell has is to stay with the current version when future versions are licensed GPL v3 or greater. Not having access to future versions puts them at a disadvantage in that they're selling old stuff by comparison to all other vendors. Would customers stick to an old distribution, permanently frozen in time? Probably not.

This isn't a phrase where you give up rights to your code anymore Loverock. Nor is it a rights to your patent clause (that's elsewhere). This is a clause wherein, if you've negotiated a patent license just for yourself; you have to consider it for everyonelse too or you won't have software to distribute. It's saying in a nutshell "No exclusive patent deals. Everyone or you've no product to sell."

Now, faced with not having a product to sell, do you think the distributors won't change their negotiating strategy? Faced with the prospect that Novell and SuSe are a dead issue and will stand as a monument of what not to do, will anyonelse dare cut a deal with Microsoft.

What's left for poor, embattled Microsoft? Answer: sue, and as soon as they reveal what patents are violated in GNU/Linux; we'll rewrite and life will likely go on. If, however, the GNU tactic fails, then people will flee to the other FOSS alternative: BSD. That will raise BSD's profile and then, yes, as I said before on a previous story...

your beloved BSD is in danger Loverock. Don't you think you should put your misplaced hatred of Linux aside for long enough to fight a common foe: software patents. To do so would be to your bemnefit as well.; Posted by: John Le'Brecage Posted on: 11/21/06 You are currently: a Guest | Members login | Terms of Use