Novell archive at Jeremy’s Blog

Archive for the 'Novell' Category

Panel: Measuring Community Contributions (Liveblog)

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at April 8, 2009 in Fedora, IBM, Linux, Linux Foundation, Novell, Ubuntu and community. 0 Comments

Panelists:
Joe Brockmeier – OpenSUSE
Jono Bacon – Ubuntu
James Bottomley – Novell
Dan Frye – IBM
Karsten Wade – Fedora

* Don’t always associated “contribution” with “code”.
* People tend to contribute things that are of value to them – they are scratching their own itch.
* Measuring community is very new and is not an exact science. There’s still a lot to learn and we’re still making mistakes.
* Having a clear answer to “how do I get involved” is very important.
* The first mistake companies often make when they try to enter the Linux community is an attempt to push things upstream as-is and in a way that only benefit the company.
* Audience question: It seems most mainline kernel development comes from the developed world. Why isn’t more coming from India, China and other developing countries?
– Dan indicated that some IBM’ers are actually effectively contributing from BRIC countries, but admits that we can do a much better job here.
– Some of this is an infrastructure problem, which is already being worked on.
* Audience question: Is there a way to objectively measure contribution?
– Intuition is our starting point, but we’re moving toward reverse intuition.
– Fedora is using EKG – https://fedorahosted.org/ekg/
– Every project focuses on different aspects and different items are important to them.
– Measuring community started out very informally, but as we mature we’re being much more rigorous and scientific in our measurements.
– Deciding _what_ to measure can be difficult.
– Measuring for the sake of measuring is senseless. Getting data that is useful is very important.
Audience question: is anyone measuring the way people are mentoring?
– Generally yes, but it’s vastly different for each project/community.

–jeremy

Tech Vendors That May Not Survive 2009

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jeremy

at January 12, 2009 in Novell and Sun. 0 Comments

We all know that the global economy is not doing well right now. Very few days go by without some bad news hitting the wire. This article (if it can be called an “article”… it’s more of a flash presentation) may be a signal that we’re going a bit too far though:

In the Channel Insider 2009 Market Pulse Survey, we asked solution providers which vendors they thought would go out of business or be acquired in 2009. The results may shock you. Based on their perceptions and predictions, the following are the vendors that made the going list of those that won’t be here in 2010.

The list follows:

10. VMWare
9. Symantec
8. Citrix
7. Sun
6. AMD
6. CA
5. Salesforce.com
4. McAfee
3. Checkpoint
2. NetApp
1. Novell

To be honest, I think the downside to the current economic situation is likely to be longer and deeper than many are predicting. To suggest that the companies above, however, will be gone in 11 months is in many cases ludicrous. There are a couple of them that could survive that duration on legacy contracts alone; without making a single sale. It is possible that many will get acquired, as the companies that do have cash on hand will find many bargains to be found. Acquisitions happen in all economic situations after all. When the news gets this negative it’s often a sign that a bottom may be near. I’m not convinced of that yet, but I think this quarter will give us a pretty good indication of what 2009 will bring.

–jeremy

Judge Kimball Rules on SCO v. Novell

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jeremy

at July 17, 2008 in IBM, Novell and SCO. 1 Comment

It looks like Judge Kimball has finally issued a ruling on SCO v. Novell. From the article:

OK. I’ve read it now once through, and the big picture is this: Judge Kimball did not change anything in his August 10th order, which I was afraid might happen. He could have, had he heard anything that he didn’t know when he made that order. So, SCO breached its fiduciary duty to Novell, converted funds, and so it has to pay. That is ironic, in that this case started with SCO accusing Novell of slander of title, and asking for millions in damages. Instead it has to *pay* Novell millions.

However, Judge Kimball accepted SCO’s argument that UnixWare is the latest version of UNIX and that it was the foundation of all the other agreements, even though SYSV was also involved, or so SCO thought. He accepted SCO’s argument that if SCO was wrong about owning the copyrights, and it was, then it’s too bad for the licensees — they just got less than they thought they were paying for, and that is a matter for them to work through with SCO. So if EV1, for example, wanted its money back, or part of it, it would have to sue SCO.

I think this is an appealable issue for Novell, but I don’t know if they will bother. This was all about money, this trial, and very narrowly about whether SCO owed Novell anything from the Sun and Microsoft and SCOsource licenses. The rest was decided already on August 10th. And SCO doesn’t have much money left, if any, so I would guess that if SCO appeals, Novell will raise issues it certainly can in this new order. And it’s a bit hard to fit SCOsource into the APA, since it was just a strange and vague bird. But if SCO doesn’t — and to my mind the order seems designed to discourage it, since if they do appeal, they risk being found liable for even more money than now ordered — Novell then has to figure out if it is worth it.

For its part, SCO is attempting to spin this as somewhat positive:

In an e-mailed statement today, SCO described the ruling as “an important step in (its) ability to pursue the appeals to try to get all of (its) claims heard by a jury as soon as possible. We are pleased, however, that the court agreed that Novell is not entitled to anywhere near the more than $20 million dollars it was seeking.”

“Importantly, the court ruled that Novell has no right to any royalties from UnixWare or OpenServer sales by SCO, which is where the bulk of SCO’s revenue is earned,” SCO said in the statement. “This is also an important step forward in the capitalization and reorganization plan for SCO that will allow us to emerge from Chapter 11. We continue to disagree with the premise of this trial and believe that Novell is not owed anything, but that they have interfered with SCO’s UNIX rights.”

The company is reviewing the ruling by Judge Kimball with its attorneys and will be assessing the next steps over the coming days and weeks.

Realistically, SCO is probably going to appeal and it looks like they are attempting to go for a jury case. I’m not sure how much cash they have on hand, but it looks like because they were acting as an agent for what was always Novell money, the full amount should be given to Novell before any further creditors during bankruptcy. With the IBM ruling not handled down yet, things don’t bode well for SCO. Whether someone will pick up the carcass or they will just go away remains to be seen.

–jeremy

Red Hat: BofA Downgrades; Cites Troubles With JBoss

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at December 17, 2007 in Linux, Microsoft, MySQL, Novell, Open Source and Red Hat. 0 Comments

(via Matt) Following news that Novell may be building momentum comes news that Bank of America has downgraded RHT. As is often the case with stock analysts, more are piling on the downgrade now. From Barrons:

Red Hat (RHT) shares are lower today after Bank of America analyst Kirk Materne cut his rating on the stock to Neutral from Buy. His price target goes to $21 from $23.

Materne says the company’s fiscal third quarter ended November should be “solid,” but that its JBoss application server software “continues to have trouble gaining momentum.” He adds that there are “few catalysts on the horizon” that could add to current billings and cash flow growth estimates for the fiscal year ending in February 2008, or for that matter, FY 2009.

Meanwhile, Trip Chowdhry, of Global Equities Research, also downgraded the stock today, moving to Equal Weight. Chowdhry contends that the company’s business fundamentals are “deteriorating,” and that the JBos acquisition “is a complete failure.”

Chowdrhy also asserts that Red Hat Linux “is gradually being relegated to a position of non-criticality.” He also says Red Hat is losing momentum in the BRIC countries – Brazil, Russia, India and China – to Microsoft (MSFT) and Oracle (ORCL). And he says hardware vendors IBM and Hewlett-Packard are providing support and bug fixes for Red Hat Linux since “vendors feel Red Hat support is not enterprise class.”

Not least, he says that developer momentum is shifting away from the Open Source LAMP software stack – Linux, Apache, My SQL, PHP – and toward Microsoft’s .Net platform.

It’s true that Red Hat is having a little more difficulty than it anticipated integrating JBoss. When you acquire an Open Source company, much of what you are acquiring is the people. Many of the top JBoss people have left. The cultures were different, the sales models were different and I’d guess given the information Red Hat has now, they’d have done things a little bit differently. Hindsight is always 20/20 and I think the long term benefits for Red Hat and JBoss are still there.

Moving on to the Global Equities Research comments, I have no idea where Trip is getting his information. All other leading indicators I’ve seen indicate that Linux and Open Source are doing quite well in BRIC and other emerging markets (and in many of those markets Microsoft is either having difficulty gaining traction or is gaining traction by discounting heavily). Additionally, more and more companies are clearly choosing Linux for absolute mission critical applications. The NYSE is a recent example of this. Finally, LAMP adoption in general has been seeing very strong growth and MySQL AB still seems headed toward its IPO, despite the weakening US economy. It just goes to show that an “analyst” can say just about anything they want, typically with little to no justification or real repercussions.

–jeremy

Some Novell Momentum

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jeremy

at December 17, 2007 in Linux, Novell, Red Hat and Ubuntu. 1 Comment

It looks like Novell might be quietly building up some momentum. First came news that Office Depot is consolidating onto the SLES platform:

In its latest significant victory, Novell announced that Office Depot has elected to consolidate its server infrastructure on SUSE Linux Enterprise Server 10 Service Pack 1.

In the past, Office Depot, with offices in 43 countries, has used an eclectic collection of server operating systems. These include Solaris, Windows, IBM’s mainframe operating system z/OS, i5/OS (the newest version of IBM’s OS/400 midrange computer operating system) and several different kinds of Linux. According to Novell, moving to SLES on commodity hardware has already helped Office Depot reduce its hardware and power costs.

Now comes news that SAP is recommending Novell’s SUSE Linux as its preferred platform. Both announcements serve as good news for Novell, who may soon be announcing additional layoffs despite this growing momentum. Novell recently reported a loss, but its Linux revenue is up almost 70%. It’s clear that the Enterprise Linux market wants at least two solid vendors in play. Red Hat seemingly has one of those spots locked up. Canonical is now making an Enterprise push with Ubuntu, so if Novell wants to hold onto its current number two position it needs to take advantage of this traction. As usual, all of this should be quite good for consumers.

–jeremy

Patent Firm Acacia Loses Case Against Microsoft; More To Come?

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at November 23, 2007 in MSFT, Microsoft, Novell and Red Hat. 0 Comments

It looks like Acacia, who recent filed a suit against Red Hat and Novell, just lost its first court battle. From a paidContent article:

The notorious patent holding company Acacia Research, which first came to light in the digital media industry for claiming broad patents in the streaming media field, has lost first of its many lawsuits to reach as far as a jury trial. In a federal court in Lufkin, Texas, the jury found that Microsoft (NSDQ: MSFT) did not infringe on an Acacia patent related to technology used to quickly power up computer, reports Marketwatch. Filed in 2006, the lawsuit sought as much as $900 million in damages from Microsoft, based on sales of its Windows XP OS. The news sent Acacia’s shares down nearly 35 percent in late Nasdaq trading.

As the story says, Acacia has distinguished itself as a particularly aggressive patent holding company, and has embraced the public spotlight that comes alongside suing high-profile companies. Earlier in the week, it announced a patent settlement with AT&T.

Let’s hope this is the first of the many cases they are trolling that end up with a loss. With the stock already plunging 35% on this one loss, a couple losses strung in a row could put significant pressure on the company to get a new revenue model. If patent trolls didn’t make money there would be significantly fewer of them.

–jeremy

Devices Lacking Linux Support Needed

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at October 26, 2007 in Linux, Novell and Open Source. 0 Comments

Greg KH recently announced that Novell was letting him work on the Linux Driver Project full time. The response was huge, with over 300 developers answering the call. Lack of Linux drivers is usually pretty high up on the list of Linux shortcomings. But a follow up post by Greg indicates that there’s not enough work to keep all the developers busy:

There was a lot of very good press coverage over my last announcement of the restart of the Linux Driver Project and my involvement in it now full time. It’s been a few weeks since that announcement, and we now have over 300 different developers signed up to help create, and maintain Linux drivers!

I’ve also posted a short status report about the current projects, and what is going on with them. Since then, one more project has started, and there are a handful still in the planning stage.

What we need now is more companies participating in the project, we have the developers, but not enough work to keep them busy.

So how do we change this? I’m thinking that possibly, there really isn’t a large number of different devices out there that need Linux support written for them.

As proof of this, I give you the Linux Foundation’s Vendor Advisory Board. This group of companies publish a list of priorities that they feel need to be worked on in order to help Linux succeed.

Coming in at number 3 is “Device Driver Support”. So, I approached this group and asked them specifically what devices did they see in common use that are not supported by Linux (the obvious 2 video cards being a known exception.) Despite this being such a high priority for this group, they had no examples to provide.

And neither do I. I don’t currently know of any common piece of hardware in use today that is not supported on Linux. And since these vendors do not know, and I don’t, I’m asking the world to help out.

So, please, let me know what specific type of device you know of that is not properly supported on Linux. If you want, please mark up the wiki page at:

http://linuxdriverproject.org/twiki/bin/view/Main/DriversNeeded

Is the lack of Linux device drivers an issue that is a bit overblown by a couple of high profile examples? Is it a stigma held over from previous days when some areas, such as wireless networking, were poor? Visit the Linux Driver Project wiki if you have hardware that doesn’t work in Linux, and let them know.

–jeremy

Acacia’s Latest Target: NetFlix

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at October 25, 2007 in Novell, Open Source and Red Hat. 0 Comments

It’s not just Red Hat and Novell. From TechDirt

Acacia has become one of the most hated firms by technology companies that actually do stuff. That’s because Acacia is one of the biggest (if not the biggest) firms out there in the business of buying up patents solely to sue companies. Acacia learned a while ago, though, that it was best to keep its name out of many of these suits, so it apparently tries to set up subsidiaries for many of the patents it buys (sometimes giving them silly names to make people think the companies actually do something). Now, one of those subsidiaries, named Refined Recommendation Corporation is suing Netflix over a patent it holds on optimizing interest potential. It’s a patent on the idea of making recommendations or presenting specific information based on user actions. I can recall both individuals and companies working on similar things well before this patent was applied for in 2000, but that’s a different issue altogether. Does anyone believe that Netflix (and plenty of other companies) wouldn’t be doing content recommendations for people without this particular “breakthrough”?

–jeremy

Patent Infringement Lawsuit Filed Against Red Hat & Novell III

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at October 18, 2007 in Microsoft, Novell, Open Source and Red Hat. 2 Comments

(coverage continues)

Via 451 CAOS Theory: It looks like the Acacia lawsuit may indeed have little to do with Open Source and be just another general patent troll case. From the article:

The nation’s first Linux patent suit currently facing Red Hat and Novell isn’t about open source at all. Or so the plaintiff says.

IP Innovation last week filed the patent lawsuit against Linux in Texas, alleging that both Red Hat and Novell infringe on U.S. Patent No. 5,072,412, “User Interface with Multiple Workspaces for Sharing Display System Objects.”

Neither IP Innovation nor its parent company Acacia Research responded to request for comment at the time the patent suit first came to light. But today, in a statement sent to InternetNews.com, Acacia Chairman and CEO Paul Ryan defended the firm’s actions and argued that there is no conspiracy against open source coming from his firm.

“IP Innovation is not attempting to inject itself in the ongoing philosophical debate of whether products or services which utilize open source are subject to the same intellectual property laws/behaviors as non-open source offerings,” Ryan said in the statement. “Acacia and its subsidiaries do not philosophically differentiate any company, but rather seek to consistently and fairly monetize patent rights from those companies which incorporate patented technology.”

The company also dismissed allegations that Microsoft somehow is using Acacia as a kind of proxy to fight a patent battle against Linux. A pair of key Acacia employees recently joined the patent-holding firm from Microsoft.

Additionally, Groklaw notes that the patent involved is scheduled to expire on December 10, 2008. That could explain why Microsoft, who could easily afford to ensure that the case lasts longer than that, has not been made a target. It’s strangely reassuring to see that this probably doesn’t have anything to do with Open Source. That’s a sad indication of the state of the current situation.

–jeremy

Patent Infringement Lawsuit Filed Against Red Hat & Novell II

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at October 13, 2007 in Apple, Linux, MSFT, Microsoft, Novell, Open Source and Red Hat. 2 Comments

(A follow up to previous coverage)

As you may have guessed, this topic is being discussed heavily around the web. Mark Radcliffe points out that Open Source companies are likely becoming a more tempting target to patent trolls due to the stunning growth in the sector (keep in mind that Microsoft, Apple, et al. put up with this kind of thing all the time):

Although I and many attorneys in the open source industry have long been concerned about patent challenges to open source companies, this case appears to be the first by patent trolls against an open source licensor. The open source industry provides a tempting target because of its rapid growth. This morning, Eben Moglen at the Software Freedow Law Center Seminar on FOSS issues noted that Brad Bunnell of Microsoft joined Acacia on October 1 . According to news reports, Brad spent sixteen years at Microsoft at a number of positions which included General Manager, Intellectual Property Licensing. http://biz.yahoo.com/bw/071001/20071001005590.html?.v=1

Eben raises the intriguing question about whether these incidents are related. Given the time that it takes to prepare a patent lawsuit, Brad’s hiring probably did not effect the filing of this lawsuit. However the hiring may indicate the addition of a new business line for Acacia: suits against open source companies. Steve Ballmer’s recent comments about Red Hat’s obligation to pay Microsoft for alleged use of its patents makes this lawsuit and the timing of the move interesting.

Matt Asay points out a list of coincidences:

* One or more former Microsoft licensing execs join Acacia or one or its companies;
* Ballmer makes his most recent statement regarding Red Hat;
* Almost the same day, Red Hat (and presumbably Novell) receive notice of the alleged infringement from IP Innovation (Acacia);
* Before either company has a chance to consider the letter and respond, IP Innovation files its lawsuit in Texas;
* Novell changes all of its IP indemnification the same day (which it has named “Technology Assurance Program” as contrasted with Red Hat’s Open Source Assurance Program Novell apparently isn’t interested in assuring open source, just technology ;
* Novell’s new program notes a change in the Microsoft/Novell deal that covers GPLv3 code distributed by Novell for downstream recipients.

Hmm….I forget sometimes who is on which team, but it certainly seems like two sides have been conspiring on this, and I don’t mean IP Innovation and Microsoft (which is almost a given).

Stephen Walli (who was still at Microsoft when the SCO suit was launched) gives some advice that I couldn’t agree with more: Take a deep breath. Be calm. He continues:

The U.S. Supreme Court continues to involve itself in the broken patent system. The Linux Foundation and the Open Invention Network are both geared for this particular fight. I have confidence that the Groklaw community will step into the breach of reporting and investigation again. IBM, Intel, and HP have a vested interest in the outcome, and nobody plays IP games the way IBM does. Over the next few weeks, lawyers will come together behind the scenes from all the interested parties on the defending side. Hopefully egos won’t be too large, and a coherent plan of negotiation will emerge.

Some of the more interesting questions for me will be:

* Why Red Hat AND Novell?
* Why not Microsoft? (Acacia went after Apple who settled. Microsoft would seem to have deeper pockets than Red Hat or Novell. It would seem to be the more interesting business discussion.)
* If Microsoft is not involved, should they be? If Apple settled, and then this suit settles, Microsoft should know they’re next on the list. Or are they trusting IBM et al to win this one for them?

To quote one of my favourite lawyers in this space:

“If the F/OSS community wants to be in commercial space, community members will have to learn to deal calmly with IP litigation. The F/OSS production model will work where it makes sense, and it will not work where it doesn’t. It’s really just that simple. Particular claims in individual suits—even one against a flagship program such as the GNU/Linux OS—will not determine the fate of the community. Such cases present factual issues that will get resolved one way or another; they do not represent a crisis for F/OSS production as a whole. Norm entrepreneurial rhetoric that plays off such cases should be treated as entertainment. Enjoy it if you like it, take inspiration from it if you must, but don’t confuse it with the way things actually get done.”

I’m sure some former colleagues at Microsoft are excited. Mr. Smith and Mr. Ballmer most assuredly. But just as with the SCO Group litigation, there is no reason to celebrate. They shouldn’t confuse this with “the way things actually get done.” Pax.

I do find it interesting that Acacia went from Apple to Red Hat / Novell, when Microsoft surely would have been a much more compelling target from a business perspective. It becomes a simple case of follow the money from there. More information will come out of this in the coming weeks and months, so staying calm and focusing on what’s important is surely the correct course of action.

–jeremy

Jeremy’s Blog

Archive for the 'Novell' Category

Panel: Measuring Community Contributions (Liveblog)

Tech Vendors That May Not Survive 2009

Judge Kimball Rules on SCO v. Novell

Red Hat: BofA Downgrades; Cites Troubles With JBoss

Some Novell Momentum

Patent Firm Acacia Loses Case Against Microsoft; More To Come?

Devices Lacking Linux Support Needed

Acacia’s Latest Target: NetFlix

Patent Infringement Lawsuit Filed Against Red Hat & Novell III

Patent Infringement Lawsuit Filed Against Red Hat & Novell II

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