Novell rejects Microsoft's IP claims

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Concerned with the Microsoft CEO’s last week’s statements that the Linux operating system infringes on Microsoft patents, Novell Inc. on Monday issued an "Open Letter to the Community”, clearing that their agreement is in no way an acknowledgment that Linux infringes upon any Microsoft intellectual property (IP).

The two companies last month entered into a multi-part agreement in which they agreed to boost the interoperability of their competing software products. Under the deal, Microsoft agreed to support SUSE Linux on machines that run Microsoft Windows. It also agreed to offer sales support for SUSE Linux, and as a part of the deal, also agreed not to assert rights over patents to any software technology that might be incorporated into SUSE Linux.

This significant agreement signed by SUSE Linux distributor Novell Inc. and Microsoft on November 2 raised concerns among the open sources community, who have strongly objected the agreement amid speculations that it might be harmful for Linux. Most of the open-source community members criticized the Novell-Microsoft pact arguing that the deal violates the General Public License (GPL) version 2 under which Linux is licensed, and gives Microsoft ammunition in case it chooses to press its patent claims.

And, the Microsoft CEO Steve Ballmer's last week’s statement further infuriated the open sources community when in his speech at the Professional Association for SQL Server (PASS) conference in Seattle he stated Microsoft was motivated to sign an agreement with Novell earlier this month because Linux ‘uses our intellectual property’ and Microsoft wanted to ‘get the appropriate economic return for our shareholders from our innovation.’

In response to this statement, Novell CEO Ron Hovsepian, in an open letter stated, "We disagree with the recent statements made by Microsoft on the topic of Linux and patents."

Hovsepian also reminded the open source figures that the patent deal was only part of the agreement, under which Novell and Microsoft promised not to sue each other's customers for patent violations. He further stated, “When we entered the patent cooperation agreement with Microsoft, Novell did not agree or admit that Linux or any other Novell offering violates Microsoft patents. We strongly object to the usage of our agreement to suggest that members of the Linux community owe Microsoft any remunerations."

In its statement, released online yesterday, Microsoft said the company "respects Novell's point of view on the patent issue, even while we respectfully take a different view. Novell is absolutely right in stating that it did not admit or acknowledge any patent problems as part of entering into the patent collaboration agreement. At Microsoft, we undertook our own analysis of our patent portfolio and concluded that it was necessary and important to create a patent covenant for customers of these products."

At the time of signing the accord with Novell, Microsoft executives did not respond whether they sensed the Linux OS includes Microsoft intellectual property or otherwise violates on its patents.

Hovsepian, however, concluded that his company is committed to preserve the freedom for free and open source software, and the support of open source developers is essential to all the Linux activities. He also said that the company seeks community’s back-up to achieve their goals.