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Details of Novell-MS Pact - The SEC filing

Filed under
SUSE

Here's the SEC filing, Novell's 8K. Note that the humorously titled Patent Cooperation Agreement has exceptions, but they are not listed or explained. Anyone able to make sense of this gobbledygook?

Under the Patent Cooperation Agreement, Microsoft commits to a covenant not to assert its patents against Novell's end-user customers for their use of Novell products and services for which Novell receives revenue directly or indirectly from such customers, with certain exceptions, while Novell commits to a covenant not to assert its patents against Microsoft's end-user customers for their use of Microsoft products and services for which Microsoft receives revenue directly or indirectly from such customers, with certain exceptions.

So let me get this straight: Novell promises not to sue Microsoft's customers for using Microsoft software. Microsoft promises not to sue Novell SUSE paid customers for using Novell SUSE. They each pay each other millions. But it's not a patent cross license. No sirree. Why that would violate the GPL, don't you know. In fact, it isn't a license at all, because that would violate the GPL too. And then Novell couldn't distribute all that GPL software it didn't write but wishes to control. It's just a friendly handshake, and what are specifics between friends who wish to step over and past the GPL?

Full Story.


Also:

Novell Inc. on Nov. 7 published additional details about its agreements with Microsoft Corp. concerning Windows and Linux interoperability and patents. It seems the company is receiving an up-front payment of $348 million from Microsoft, for SLES subscription "certificates" and for patent cross-licensing.

In Novell's Form 8-K submission to the SEC (Security and Exchanges Commission), Entry into a Material Definitive Agreement, the company states that "Under the Business Collaboration Agreement, which expires January 1, 2012, Novell and Microsoft will market a combined offering. The combined offering will consist of SUSE Linux Enterprise Server (SLES) and a subscription for SLES support along with Microsoft Windows Server, Microsoft Virtual Server and Microsoft Viridian that will be offered to customers desiring to deploy Linux and Windows in a virtualized setting."

Novell gets $348 million from Microsoft.

Novell explains, defends Microsoft patent agreement

Novell on Nov. 7 explained how its recent patent agreement with Microsoft neither violates the GPL nor implies that Linux infringes on any of Microsoft's patents. Additionally, "Novell entered this broad set of agreements with Microsoft to further promote the adoption of Linux," according to Novell's senior VP and general counsel, Joseph A. LaSala, Jr.

In particular, LaSala continued, "Many people want to know whether this agreement is compatible with Novell's obligations under the GPL, especially section 7. This was an important consideration for us as well."

"Under the patent cooperation agreement, Novell's customers receive directly from Microsoft a covenant not to sue. Novell does not receive a patent license or covenant not to sue from Microsoft, and we have not agreed with Microsoft to any condition that would contradict the conditions of the GPL. Our agreement does not affect the freedom that Novell or anyone else in the open source community, including developers, has under the GPL and does not impose any condition that would contradict the conditions of the GPL. Therefore, the agreement is fully compliant with the GPL," concluded LaSala.

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You talk the talk, but do you waddle the waddle?

Fine Print: M$’s Linux Deal Prohibits Working w/ Red Hat

Don’t expect there to be any partnership announcements between Linux software leader Red Hat and Microsoft.

There can’t be.

In a filing with the Securities and Exchange Commission filed on Tuesday, Novell disclosed details of its partnership with Microsoft. Part of the deal includes a prohibition of Microsoft from working with anyone else on Linux.

Red Hat is the world's largest Linux distributor.

The proprietary software giant’s startling announcement last week that it would work with Novell on Linux also includes cash payments of more than $400 million to the much smaller Novell. The agreement runs through 2012.

However, the Linux exclusivity portion of the deal is only good for three years.

That Story.

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You talk the talk, but do you waddle the waddle?

No thanks, Novell. Software patents are a problem for everyone

Between individual casual developers and large patent-holding companies is a thriving middle ground of small and medium software businesses. Patent threats shouldn't turn the middle ground into a wasteland -- after all, even if you're a hobbyist today, you might want to build a business using your software someday. So, after thinking about it, I'd like to refuse the Novell/Microsoft "non-commercial" patent safety offer.

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You talk the talk, but do you waddle the waddle?

Why Microsoft won’t assault Linux

A Microsoft that goes after Linux on the basis of patents opens itself to countersuits by companies with an interest in Linux and patents which can be used against Microsoft.

An assault by Microsoft would quickly undermine the cause of the pragmatists and give the extremists the upper hand. Furthermore, I would expect the ill-will created to last about as long as antipathy towards SCO…which means pretty much forever.

You can generate a lot of profit by maintaining peace with your neighbors…just ask Switzerland.

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You talk the talk, but do you waddle the waddle?

The fair-weather “friends of Linux”

I just finished reading John Carroll's article Why Microsoft won’t assault Linux and while I agree with his conclusion, I don't agree with his reasoning. John opens up suggesting that a "full legal assault" on Linux would be self-defeating. I don't think so but I do think that filing suit against RedHat would be an unnecessary waste of Microsoft's time and money.

I would like to dispense with his first point: Patents cut both ways.

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You talk the talk, but do you waddle the waddle?

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