EMC, the majority owner of VMware, has agreed with the Department of Justice not to acquire 33 Virtualization Patents from Novell as part of a side-transaction in the acquisition of Novell by Attachmate. The Statement from the Department of Justice sheds significant light on the deal that had been struck between Novell and a newly-created company formed by Microsoft, EMC, Apple, Oracle to acquire a portfolio of patents for $450M, and the anti-trust threat that the Department of Justice saw to the Open Source community. And whilst the spotlight has been on Microsoft’s role, it seems that the role of EMC in seeking to acquire Virtualization patents was at least as concerning to the Department of Justice.
The Novell Sale is being positioned to go ahead before the resolution of the Patent issue with the Department of Justice.
Open Source continues to be an important part of the mix in Virtualization and Cloud. Indeed, this year has seen major developments in established players at the Operating System and Hypervisor level, as well as a major new cloud entry at the IaaS cloud layer.