by Matt Asay

Novell gets something right on patents

analysis
May 24, 20073 mins

Novell has done one amazingly thoughtless, short-sighted thing related to patents. Now it's apparently trying to rectify some of the damage it has done to open source. And it's doing it with a group that has an impeccable record on patent reform: the Electronic Frontier Foundation (EFF). This is a great move by Novell. I just wish that it would have done this before it sealed its deal with Microsoft. It might ha

Novell has done one amazingly thoughtless, short-sighted thing related to patents. Now it’s apparently trying to rectify some of the damage it has done to open source. And it’s doing it with a group that has an impeccable record on patent reform: the Electronic Frontier Foundation (EFF).

This is a great move by Novell. I just wish that it would have done this before it sealed its deal with Microsoft. It might have thought better of that Faustian pact….

As Brian Proffitt reports:

“EFF is partnering with Novell to try to get rid of software patents that are hurting innovation all over the world,” stated Shari Steele, Executive Director of the EFF in an interview prior to the panel session.

In essence, Novell is committed to working with the EFF to improve patent quality, while at the same time work to lobby with government agencies to reform existing patent policies and litigation, according to Nat Friedman. Novell’s Chief Technology and Strategy Officer for Open Source. Specifically, Novell will assist the EFF in two ways.

First, they will work with and support the EFF’s existing Patent Busting Project, which targets existing patents that cover technology concepts that are perhaps to fundamental or already have prior art….

The second part of the partnership will have Novell working with the EFF and legislators to lobby for patent reform, initially in the US, but also branching out to Europe, where patent problems continue to arise. The EFF and Novell will also work with standards groups to assist in patent reform.

Nat Friedman was on-site at OSBC today to help pitch the partnership. I wish Nat were more publicly involved in all this patent mess with Microsoft – he and Miguel have street cred with the open source world. Much of Novell does not. For example, how Justin can say things like this and not be shamed into silence I don’t know:

Microsoft is Novell’s No. 1 (sales) channel in the first quarter of 2007.

I’m sure it’s true, Justin, but when the company that has everythign to gain from Linux’s untimely demise is your #1 distributor, you are in a world of hurt. I would be embarrassed to publicly admit my own sales team can’t outsell Microsoft when it comes to Linux. That’s astonishingly pathetic.

But this EFF deal? All good. The EFF isn’t much for hollow bluster, either. I’m glad Novell is pairing up with it on this. I’d say it will keep Novell honest, but honesty has never been Novell’s problem. Common sense with regards to open source, yes. Honesty? No. This should help on the common sense front.