As most of us with our ears tuned to the FLOSS (Free/Libre/Open Source Software) community are aware, Novell, the makers of the popular SUSE Linux distribution, haven’t exactly been winning too many popularity contests lately, thanks to their recent decision to work with Microsoft to facilitate the adoption of Linux in business environments by incorporating some proprietary Microsoft code in the Linux kernel.

Now comes word that the Free Software Foundation, the influential organization that controls the distribution of the Linux kernel, is reviewing the Novell/Microsoft case to see if it violates the terms of the GNU General Public License (GPL), under which the kernel is made available. If so, Novell could theoretically be banned from manufacturing, selling, or distributing any form of Linux.

Link to the story.

In a nutstell, the GPL mandates that, although you have the right to make any changes to the distributed source code of software released under this license that you see fit, if you choose to make your altered software available to the public you must also make your own source-code changes available as well. This is why the GPL is considered a “viral” license; any derivations of GPL’d software must also be released under the GPL, with no restrictions or alterations to that license, even if the code that was added originally used a conflicting license. Given that Microsoft treats all of their proprietary source code as classified information on the order of “We could tell you, but then we’d have to kill you” security, the chances that they would allow Novell to comply with the terms of the GPL in any form are, to put it charitably, remote.

Novell insists that their “deal with the devil,” as so many in the free software community have described it, is merely a necessary “evil” to help cross-platform compatibility issues in environments where Linux adoption would otherwise be a logistical nightmare. However, there is much concern from those who have seen Microsoft use their “Three E’s” approach (Embrace, Extend, and Extinguish) to software it considers a threat to its dominance of the marketplace, that this is their first step towards sneaking in through the back door and trying to kill off a movement they have gone on the record as comparing to “Communism.” Witness what they did to quality software such as NCSA Mosaic; it survives today as the much- and justly-maligned Internet Explorer. Could MS have designs on doing the same thing to the Linux kernel, which would deal a crippling blow to the growing free software movement?

Evidently the FSF thinks this could be a possibility, because a review of Novell’s right to publish their Linux distribution is ongoing. This would be a landmark case if it goes forth; it would be the first time a manufacturer of a major Linux distro had been called on the carpet by the guardians of the kernel for violation of the GPL’s terms and conditions. It would also be the first time to my knowledge that the GPL itself would be tested in the US legal system, and the outcome of such a case would go a long way towards determining the future of the GPL and the open source movement itself; it may work out that the GPL itself is not a valid copyright, and if that is the case then the keystone that holds the arch together would be yanked out, causing the entire movement to crumble. Or if it goes in favor of the GPL and the FSF, it would be a victory of epic proportions for those who value the freedom to use their computers however they like, rather than how a faceless corporate entity decides they should.

This is certainly a case to keep your eyes on, as it has the potential to be the open source story of 2007. We’ll keep you posted of any new developments as they occur.

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1 Comment »

1. 
   shane
   February 4, 2007 at 1:19 pm

   http://boycottnovell.com/2007/02/04/novell-could-lose-rights-to-distribute-gnu-but-not-linux/

   FSF is not banning Novell, but updating the GPL to address the loophole they exploited. After that, it will be up to Novell whether they can comply with GPL3 and their MS deal.

   If they cannot simultaneously do both they will need to stick with MS and fork all of the GNU software stack (and Samba and other projects…) or break their deal with MS and stick with Free Software.

   [Reply]

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