| Samba team denounces Novell/Microsoft patent pact |
Nov. 12, 2006
The Samba team, which is responsible for software that enables Linux systems to use and provide Windows-compatible file and print servers, announced on Nov. 12 that it "disapproves strongly" of Novell's recently announced patent agreement with Microsoft.
The Microsoft/Novell patent deal was part of the two companies' larger agreements about improving sales and working together to improve interoperability between Windows and Linux.
The Samba group, in a public letter to Novell wrote that "one of the fundamental differences between the proprietary software world and the free software world is that the proprietary software world divides users by forcing them to agree to coercive licensing agreements which restrict their rights to share with each other, whereas the free software world encourages users to unite and share the benefits of the software."
Therefore, the Samba developers continue, "the patent agreement struck between Novell and Microsoft is a divisive agreement. It deals with users and creators of free software differently depending on their 'commercial' versus 'non-commercial' status, and deals with them differently depending on whether they obtained their free software directly from Novell or from someone else."
It also is the understanding of the Samba programmers that "the GPL makes it clear that all distributors of GPL'd software must stand together in the fight against software patents."
The current draft version of GPLv3 (Gnu Public License version 3) addresses patents in much stronger language than the current GPLv2, which is the license under which the Linux kernel is released.
In discussing the GPLv3 draft, Heather J. Meeker, an IP attorney and shareholder in the Silicon Valley office of the Greenberg Traurig LLP law firm, said, "It is not surprising that some of the most significant changes in the new version of the GNU GPL relate to patent law."
Meeker continued, "Many members of the free software movement have taken strong public positions against software patents. Mr. Stallman [Richard Stallman, founder of the Free Software Foundation] has long been clear about his views on this issue."
However, Meeker contends that "the question of whether software patents are a serious threat to free software remains controversial. Some argue that software patents do not discourage innovation; some argue that they do."
The Samba developers clearly do see it as a major problem.
The developers continued, "Only by standing together do we stand a chance of defending against the peril represented by software patents. With this agreement Novell is attempting to destroy that unified defense, exchanging the long term interests of the entire Free Software community for a short term advantage for Novell over their competitors."
Allonn E. Levy, litigation attorney with Hopkins & Carley in San Jose, Calif., agrees that Novell's alliance with Microsoft has been for financial gains. "Red Hat has long been viewed as a leader in Linux systems while Novell has struggled to keep pace with its more well-known competitor," Levy said. "The alliance with Microsoft will certainly give some business leaders a feeling of confidence should they choose to utilize Novell's SUSE."
Levy noted, though, that there is a cost that comes with Novell's improved market possibilities. "However," he added, "the Linux community as a whole views Microsoft with a healthy level of distrust and Novell's decision to associated with Microsoft may well come at the cost of losing some hard-core Linux customers," or, in this case, hard-core Linux developers.
Since The Samba Group developers believe that "Using patents as competitive tools in the free software world is not acceptable. ... We call upon Novell to work with the Software Freedom Law Center to undo the patent agreement and acknowledge its obligations as a beneficiary of the Free Software community."
According to a VNUnet report, before the Samba programmers spoke out on the patent issue, Novell has already agreed to meet with the Software Freedom Law Center to go over its patent agreement with Microsoft to make certain that it does not violate GPLv2.
-- Steven J. Vaughan-Nichols
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