/
Navigation
Chronicles
Browse all articles
Explore
Semantic exploration
Research
Entity momentum
Nexus
Correlations & relationships
Story Arc
Topic evolution
Drift Map
Semantic trajectory animation
Posts
Analysis & commentary
Pulse API
Tech news intelligence API
Browse
Entities
Companies, people, products, technologies
Domains
Browse by publication source
Handles
Browse by social media handle
Detection
Concept Search
Semantic similarity search
High Impact Stories
Top coverage by position
Sentiment Analysis
Positive/negative coverage
Anomaly Detection
Unusual coverage patterns
Analysis
Rivalry Report
Compare two entities head-to-head
Semantic Pivots
Narrative discontinuities
Crisis Response
Event recovery patterns
Connected
Search: /
Command: ⌘K
Embeddings: large
TEXXR

Chronicles

The story behind the story

← → days · ↑ ↓ browse · Enter similar · o open

Bradley M. Kuhn's Letter to the FOSS Development Community Regarding Microsoft's Patent Promise

Last Thursday, Novell and Microsoft announced a new collaborative effort involving both licensing and technology.  The Software Freedom Law Center has been following the situation, and as its CTO …

softwarefreedom.org

Context & Ripple Effects

The letter lands a week after Novell and Microsoft announced their [[confirmed|licensing-and-technology]] collaboration, with Microsoft's 'patent promise' to customers as its most contested piece. It also follows more than a year of thawing between the company and open-source bodies — including Microsoft-OSI talks over Shared Source licenses in October 2005 — which makes Kuhn's warning read as a counterpoint to that rapprochement rather than an isolated objection.

Distribution tells the story of who cares: beyond the original posting on softwarefreedom.org, Groklaw picked up the letter the same week, putting the SFLC's legal argument directly in front of the developer audience it addresses.

First-order effects

  • FOSS developers and distributors now have to parse exactly whose deployments Microsoft's patent covenant protects — Kuhn's letter argues the promise is structured around Novell customers, leaving everyone else outside the umbrella.
  • Novell faces immediate scrutiny from the free-software community it sells to, with its Linux business's legitimacy among contributors now tied to defending the deal.

Second-order effects

  • Other Linux distributors inherit a new sales objection — customers weighing whether buying from a vendor without a Microsoft pact carries unpriced patent risk — pressuring them either to seek similar bilateral terms or to visibly reject them.
  • The dispute hands ammunition to the ongoing GPLv3 revision process, where how licenses treat patent-linked distribution deals becomes a live drafting question.

Third-order effects

  • If bilateral patent covenants become the template, Linux risks splitting into a covered tier (vendors with Microsoft agreements) and an uncovered tier, shifting power from copyright licenses to whoever controls the patent peace treaties.
  • A durable pattern would push free-software licenses to harden against patent-deal workarounds, making license text itself the next front in the Microsoft-open-source relationship.

The trend: Patent assurances bundled into commercial distribution deals are replacing code-level compatibility as the main battleground between Microsoft and the free-software ecosystem.