[ILUG-BOM] Novell in deep trouble ? - May be Banned from Distributing Linux

[Sudhir Gandotra]

http://today.reuters.com/misc/PrinterFriendlyPopup.aspx?type=technologyNews&storyID=2007-02-02T230933Z_01_N02280856_RTRUKOC_0_US-NOVELL-LINUX.xml 

Novell could be banned from selling Linux: group
Fri Feb 2, 2007 6:09 PM ET
By Jim Finkle

BOSTON (Reuters) - The Free Software Foundation is reviewing Novell
Inc.'s <NOVL.O> right to sell new versions of Linux operating system
software after the open-source community criticized Novell for teaming
up with Microsoft Corp. <MSFT.O>

"The community of people wants to do anything they can to interfere with
this deal and all deals like it. They have every reason to be deeply
concerned that this is the beginning of a significant patent aggression
by Microsoft," Eben Moglen, the Foundation's general counsel, said on
Friday.

The foundation controls intellectual property rights to key parts of the
open-source Linux operating system.

Novell angered members of the open-source community that develops Linux
and other free software programs in November when it entered a
wide-ranging business deal with Microsoft.

Critics called on the board to punish Novell by banning it from
distributing new versions of Linux software, said Moglen.

Linux is the most popular variant of open-source software. Unlike
proprietary software such as Microsoft Windows, open-source software
lets developers share code and add functions and is generally available
at no cost.

Moglen said the board has not made a decision on the matter but that he
expects it to announce a ruling within two weeks.

If the foundation decides to take action, the ban would apply to new
versions of Linux covered under a licensing agreement due to take effect
in March.

John Dragoon, senior vice president and chief marketing officer at
Novell, declined to comment saying it would be premature to speculate on
how the issue would be resolved.

"We'll take a look at the final determination and we'll react
accordingly," he said.

Software companies such as Novell sell standardized versions of
open-source programs with custom features, maintenance plans and
technical support.

Linux sales accounted for 5 percent of the $967 million in revenue that
Novell reported last year. The deal with Microsoft has turned into a far
bigger cash generator as it calls for Microsoft to make two upfront
payments totaling $348 million.

The two companies agreed to jointly sell their products and also develop
technologies to make it easier for businesses to use Linux alongside
Windows software. They will also license each other's intellectual
property.

Members of the open-source community have called on Novell to pull out
of the pact, saying it would undermine the patent position of Linux
software and also give Microsoft an edge in persuading businesses to use
Microsoft products over Linux and other types of open-source software.

Jefferies & Co. analyst Katherine Egbert said Novell's business was
likely to suffer if it was banned from using the new versions of Linux.

It would have to boost spending on research and development to upgrade
its software without access to the latest versions of the open-source
code provided by the Foundation.

Novell shares ended down 2 cents at $7.16 on the Nasdaq.

The stock is likely to trade down before the Foundation discloses its
ruling as investors stay on the sidelines to avoid the worst-case
scenario, analysts said.

"Investors don't like uncertainty," Egbert said. "This isn't good to the
extent that it creates uncertainty around the technical road map."



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