Linked by Thom Holwerda on Wed 8th Nov 2006 11:24 UTC
Novell and Ximian Microsoft will pay Novell USD 348 million up front, but Novell will return USD 200 million of that amount over five years. The specific numbers came in an a filing to the U.S. Securities and Exchange Commission made by Novell late Tuesday. "The financial commitments Microsoft is making as part of this agreement are significant," company CEO Ron Hovsepian said in a statement. In related news, Microsoft has denied that its patent deal with Novell is in breach of the GPL or will automatically spread Microsoft's patent protection to other Linux distributions.
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RE[4]: Why so hard on Novell?
by CrLf on Wed 8th Nov 2006 14:32 UTC in reply to "RE[3]: Why so hard on Novell?"
CrLf
Member since:
2006-01-03

Section 7 of the GPL reads,

"For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program."

If Novell's customers can't redistribute the patent grant to other users, then Novell itself can't distribute the software to its customers.

Reply Parent Score: 1

RE[5]: Why so hard on Novell?
by andrewg on Wed 8th Nov 2006 14:39 in reply to "RE[4]: Why so hard on Novell?"
andrewg Member since:
2005-07-06

Which basically means that as soon as Microsoft sues and wins an IP case against anyone distributing the same offending code that Novel uses then Novel's patent covenant means nothing in the sense that they won't be able to continue distributing the code just like everyone else.

Seems like patent covenants with individual companies don't work with the GPL. At least as far as the continued distribution goes.

Reply Parent Score: 2

dylansmrjones Member since:
2005-10-02

Exactly.

Reply Parent Score: 1