The licensing group that controls the Linux open-source operating system is intent on crushing a deal between Microsoft (MSFT) and Novell (NOVL). The partnership would allow the two companies to jointly market Windows and Linux to enterprise customers.
The Linux licensing group believes that the deal implies that Microsoft has certain rights to Linux intellectual property. Under the agreement Microsoft will not sue Novell’s Linux customers for patent violations.
But, Microsoft could make claims against other versions of Linux. The new open source license would make it hard for Novell to upgrade to future versions of Linux without agreeing to a contract that protects the open source body from Microsoft claims.
The approach by the licensing board could backfire. It Microsoft walks away from its deal with Novell, it could decide to sue all Linux distributors for intellectual property infringement. It legal resources are powerful enough to cripple the growth of Linux going forward.
With the Novell deal, at least Microsoft is an enemy held close. And, that is better than an all-out war.
Douglas A. McIntyre
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