Balmer says Linux uses Microsoft 'property'

[Ben Scott]

On 11/17/06, thinkliberty <thinkliberty at gmail.com> wrote:
> Maybe I am dumb, But if everyone uploads their vanilla or modified version
> of  their GPL'd code to SUSE and SUSE distributes it back to them. (They
> could automate this) then they are a "customer" of SUSE and their code is
> now "safe" from MS lawyers becuase anyone else who gets the code is also a
> customer of SUSE becuase of the GPL.

  (1) Why would Novell or Microsoft want to do this?  They trying to
make money by charging you for a license, remember?

  (2) The GPL does not grant a patent license.  Section 7 of GPL
Version 2: "If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all."  So, if the software contains
patented algorithms, and Novell does not have a right to those
algorithms, Novell may not distribute the software *at all*.

(3) Presumably, Novell has a right to the patents now (having paid
their protection money).  If Novell can and wants to license that
right to their (paying) customers, I think that means Novell can
distribute the software to those customers.  (This part I'm less sure
of.  It may be that Novell would still be violating the GPL.)  But the
rest of us are still out-of-luck, either way.

-- Ben