The usually united open source software community is on the brink of civil war, according to a recent Boston Globe article. The impending blowup is over last year’s deal between Microsoft and Novell, which some say could open up other open source vendors to patent infringement suits by Microsoft. 

The Globe’s Hiawatha Bray writes: 

 “As part of the deal, Novell agreed to compensate Microsoft for features in Linux that Microsoft claims to have patented. Critics say Novell has betrayed other Linux vendors and made it easier for Microsoft to threaten Linux companies with patent infringement suits.” 

But Linux vendors are not the only ones in jeopardy. Companies that use Linux and other open source software, including SMBs, could also face legal action.

Hiawatha continues:  “Brown, the [Free Software Foundation’s] executive director, said that those who buy Novell’s version of Linux will be shielded from Microsoft patent litigation. But people who buy from other Linux companies are still exposed to patent lawsuits, even though all versions of Linux are nearly identical.” 

So will Microsoft actually bother suing every SMB that uses non-Novell-purchased open source software? My guess is probably not, but then again… 

“…within days of signing the deal with Novell, Microsoft chief executive Steve Ballmer told guests at a software industry conference that Linux contains Microsoft intellectual property. ‘In a sense you could say that anybody who has got Linux in their data center has an undisclosed balance-sheet liability,’ he said, suggesting that Microsoft might demand compensation from Linux users not covered by the Novell agreement.”