Linked by Thom Holwerda on Fri 8th Jun 2007 15:01 UTC, submitted by AdministratorX
Microsoft In its second such agreement this week, Microsoft has struck a deal under which it will extend amnesty to a company that's using what the software maker claims is patented Microsoft intellectual property embedded in the open source Linux computer operating system. Under a deal with LG Electronics, disclosed late Wednesday, Microsoft will forgo any Linux-related patent claims against the South Korean electronics manufacturer. In return, Microsoft will gain access to certain intellectual property produced by LG.
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GPLv3 Grandfather clause
by ubit on Fri 8th Jun 2007 19:01 UTC
ubit
Member since:
2006-09-08

So with GPLv3 as it is in Draft 4 section 11, LG/Xandros/Samsung/Fuji either can't convey GPLv3 software (grandfather clause not applicable), or they have to change the MS patent contract so it doesn't apply to them at all, or applies to all GNU/Linux users.

" If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.

A patent license is "discriminatory" if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007."

Edited 2007-06-08 19:04

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