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Samba comments disapprovingly on the Microsoft-Novell patent agreement: (The patent agreement is) divisive ... It deals with users and creators of free software differently depending on their "commercial" versus "non-commercial" status, and ... whether they obtained their free software directly from Novell or from someone else.
The goals of the Free Software community and the GNU GPL allow for no such distinctions. Lets see here. Microsoft and Novell have buddied up in what they view as a mutually beneficial pact that will protect many FOSS users from the very issue FOSS entities tirelessly cite as detrimental to the industry- software patents. So, besides being left out of the big tent, why is Samba unhappy?
Samba may not like Microsoft and Novell working together for a very subtle reason. For years, FOSS proponents have argued policy views on the precept that FOSS development is either "non-commercial" or has commercial aspects that cannot be looked at separately from non-commercial considerations. The intended effect on policy discourse of FOSS proponents' argument is to place FOSS outside the reach of standard economic and legal scrutiny.
There is strategic value in FOSS clothed as "non-commercial." FOSS proponents can then oppose regulations that create common business and legal compliance costs, such as copyright licensing or prior art documentation, because these laws may affect their "non-commercial" activities. Further consequences of FOSS' self-ordained "non-commercial" identity is that FOSS becomes non-amenable to: 1) market indicators (FOSS companies can tout various virtues rather than profitability or viability),
2) policy concerns for long term innovation (FOSS has no conception of basic R&D),
3) the consumer market (FOSS' business models rely on their products needing constant support). By showing itself as a profit motivated entity that can work with a major IP firm for the benefit of its business and customers, Novell puts pressure on FOSS entities like Samba to pursue similar practical moves many FOSS supporters view as symbolic admission that FOSS can be seen as a commercial phenomenon.
posted by Noel Le @ 11:56 AM | Free Culture Movement
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