On Friday, June 29, 2007, the Free Software Foundation released the final version of the new GNU Public License, GPLv3. Given the terms of GPLv3, we re-affirm Novell’s ability to include technologies licensed under GPLv2 or GPLv3 in SUSE Linux Enterprise, openSUSE, and other Novell offerings and to deliver these technologies to our customers. This is good news for our customers, who enjoy using the best engineered and most interoperable Linux platform for mission-critical computing. Novell welcomes and supports GPLv3, and intends to include code licensed under GPLv3 in its distribution.
Shortly after the GPLv3 license was released, Microsoft issued a statement in which they expressed their view that Microsoft is not a party to the GPLv3 and it is therefore not applicable to them. Yesterday, they also articulated that, “to avoid any doubt or legal debate on this issue, Microsoft has decided that the Novell support certificates that we distribute to customers will not entitle the recipient to receive from Novell, or any other party, any subscription for support and updates that includes the receipt of any code licensed under GPLv3.”
Microsoft's current position, taken unilaterally, is intended to eliminate any perceived ambiguity about the applicability of GPLv3 to Microsoft. Nonetheless and independent of Microsoft's position, we would like to make clear our commitment to our customers that Novell will continue to distribute SUSE Linux Enterprise Server with its full set of functionality and features, including those components that are licensed under GPLv3.
For those customers who will obtain their Linux via a certificate from Microsoft, Novell will provide them with a regular SUSE Linux Enterprise Server subscription, regardless of the terms of the certificate provided by Microsoft. Customers who have already received SUSE Linux Enterprise certificates from Microsoft are not affected in any way by this, since their certificates were fully delivered and redeemed prior to the publication of the GPLv3. Novell will continue to put the needs of our customers first and ensure that they can take advantage of the latest version of SUSE Linux Enterprise to run their business.
Novell and Microsoft plan to continue our technical collaboration efforts which include our joint development work on virtualization, standards-based systems management, identity interoperability and document format translators. Regarding the applicability of the covenants not to sue in the Novell-Microsoft agreement and their applicability in a GPLv3 world, our respective customers will continue to have the benefit of those provisions. For Novell customers, all Novell products are covered by the Microsoft covenant not to sue, independent of their channel of distribution, including both server and desktop and whether they are licensed under GPLv2 or GPLv3.
Novell is committed to providing the best engineered, best supported and most interoperable Linux distribution for our customers. Customers can remain confident deploying SUSE Linux Enterprise Server under the Novell–Microsoft agreement. Nothing in the final version of GPLv3 prevents us from maintaining that promise. For us, it's business as usual.
Bruce, let's be totally honest here: How often did you have to surpress an evil laugh, while writing this. This sounds a whole lot like "Gotcha!"
Hi Suka:
Nope. No need to supress any evil laughs. We're looking out for our customers, and our customers will continue to get what they need from us. Thanks.
The technical collaboration is great. However, it is time for Novell to get out of the patent deal. Everytime Microsoft says something about Linux or the GPL, Novell has to respond to reassure customers that things will not change and it's business as usual. It's not business as usual, if there needs to be a response to Microsoft. As Novell has stated there are no IP violations so why pay Microsoft for something that isn't there? I just don't understand.
Your customers need to stay safe from Microsoft.
It is not even half year that you have signed an agreement and already they put you in trouble.
Novell, I don't want to see you suffer, this is about the future of Linux itself. I really hope that you can escape this trap at some point.
"Unilateral" ?
Yet another "Microsoft partner" roadkill.
Good business partner you have.
Looking back, Novell should know better from its own history.
It's sad current management at Novell have no memory about it.
Can we expect Novell to remain a decent citizen of the open source community, or will you keep playing games with Microsoft ?
One of your customers wants to know.
So Novell will distribute GPLv3 software that is covered by a patent protection agreement?
From a customer point of view, the way Novell is dealing with this is good. Novell basically guarantees what it sells. But a company has to deal with the suppliers too and thinking of the community, which sent a clear message to Novell against the agreement with Microsoft, it seems that Novell doesn't either listen or care, does it??
I think that most of people that switch to Linux do it solely to get away from Microsoft software; their licenses, and all the tricks they do to limit to the maximum extent the customers freedom. If you think for a moment at the whole thing – it's exactly what it is happening now, with the Novell-MS agreement; MS did it with the clear intention to take away some of YOUR customer freedom; they have little or no interest in the the rest. Why the hell should I use Linux, if it does mean being STILL subjected to these Microsoft deceptive practices??? This subject MEANS something, when it comes to choose which commercial supported linux distribution will run my next server. It's too early to say if the MS agreement has really helped you running your business, Novell. Time will show us; meanwhile, I wish you good luck!
Bruce, you stated:
"For Novell customers, all Novell products are covered by the Microsoft covenant not to sue, independent of their channel of distribution, including both server and desktop and whether they are licensed under GPLv2 or GPLv3."
Is this not in direct contradiction to what Microsoft, themselves, stated when they said:
"to avoid any doubt or legal debate on this issue, Microsoft has decided that the Novell support certificates that we distribute to customers will not entitle the recipient to receive from Novell, or any other party, any subscription for support and updates that includes the receipt of any code licensed under GPLv3."
I gather that Novell is guaranteeing it's offerings for it's customers, but how do these two statements reconcile if/when Microsoft decides to sue? It seems that their statement to distance themselves from GPLv3 code sets themselves up as having the self-proclaimed right to sue, if they so choose.
What is Novell's stance, and what will Novell do to protect it's customers if Microsoft sues a customer using a Novell product containing GPLv3 code?
Thanks in advance.
What Microsoft has said is that the certificates it distributes for SUSE Linux Enterprise Server will not entitle the customers to maintenance and support of GPL3 technologies. What we've said is that customers don't need to worry about this, that we'll cover them anyway. Novell will provide maintenance and support for whatever version of SUSE Linux Enterprise Server the customer is running, whether that contains GPL3 licensed components or not, and whether they got the certificate from Microsoft or bought SUSE Linux Enterprise directly from us or another partner. So nothing changes for customers – they are fully supported. The convenant not to sue that Microsoft has granted to Novell customers covers all Novell products, both proprietary and open source. It doesn't matter whether the license is GPL2 or GPL3.
And responding to Paul's earlier question, Novell, as it always has, will fulfill the terms of the licenses of the technologies it ships in its Linux distribution. We fully intend to comply with GPL3 when GPL3 licensed technologies are introducted into SUSE Linux Enterprise. The agreement we have with Microsoft preceded implementation of GPL3, and is not prohibited by GPL3. The mutual convenants by Novell and Microsoft not to sue one another's customers over patents remain in force. Thanks.
Hi Bruce, thanks for the reply. When Microsoft says, "the certificates it distributes for SUSE Linux Enterprise Server will not entitle the customers to maintenance and support of GPL3 technologies," it is clear that Novell has no agreement with Microsoft regarding GPL3 software. What basis do you have for indemnifying GPL3 software users from Microsoft litigation?
The convenant not to sue that Microsoft has made for Novell customers covers all Novell products, including our Linux offerings. The convenant is for all products – it is not based on any one type of license. For example, it covers our proprietary products, which are licensed one way, as well as our Linux products, which have a different set of licenses. So the convenant not to sue covers SUSE Linux Enterprise, and doesn't depend on whether the elements of that product are licensed under GPL2 or GPL3.
Bruce,
My mentor once told me, "Never put yourself into a situation where you have to explain yourself."
Novell didn't get the memo about this or about the one that says, "If you spend more time explaining WHY you did something than DOING that thing, then you ought to re-think what you did.".
Novell – it didn't have to end this way for a once-proud company.
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