Linked by Thom Holwerda on Thu 2nd Nov 2006 22:05 UTC, submitted by anonymous
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Member since:
2005-07-07
Just to sum up because I think this is an important point that few people have mentioned:
Novell just bought patent indemnification for everyone.
Novell is legally required to release Linux the under the GPL or a compatible license. According to section 7 of the GPL, any imposed licenses or restrictions (patents included) are required to be GPL compatible. If Microsoft grants a license (to anyone) to use a patent in GPL code, that license MUST be GPL compatible, and therefore applies globally. All users/distributors of the code should immediately have indemnification for that patent.
Lawyers are no dummies and this seems pretty clear-cut, so here's my take on the whole thing: Microsoft is getting some money from Novell and will attempt to get others to buy into the racket even though it is unnecessary; Novell is banking on the reputation of being a Microsoft partner and being indemnified(even though everyone else is); And everyone gets to use Mono and SMB, reguardless of distribution, without fear of lawyers. A win-win-win situation.