Mailinglist Archive: opensuse (4498 mails)

[Anders Johansson <andjoh@xxxxxxxxxx>]

On Wednesday 15 November 2006 03:13, John Andersen wrote:
> On Tuesday 14 November 2006 16:05, houghi wrote:
> > On Tue, Nov 14, 2006 at 03:44:27PM -0900, John Andersen wrote:
> > > Novells promise of money to Microsoft based on the SALES OF FOSS
> > > software, while at the same time declaring that there is no
> > > infringements in Suse is confusing at best, disingenuous, and possibly
> > > in direct violation of the GPL.
> >
> > What sales of GPL software? What they sell/give away/deal with is the
> > SLES and SLED upgrades. If I want to download SLES, I just do so. If I
> > want to have updates, I must go to Novell and get a licence *for those
> > updates*.
>
> Why am i having this discussion with you?  You seem to have no clue
> what is in the agreement:
> From:
> http://www.microsoft.com/presspass/press/2006/nov06/11-02MSNovellPR.mspx
>
> Quote:
> Under the patent cooperation agreement, both companies will make upfront
> payments in exchange for a release from any potential liability for use of
> each other’s patented intellectual property, with a net balancing payment
> from Microsoft to Novell reflecting the larger applicable volume of
> Microsoft’s product shipments. ****Novell will also make running royalty
> payments based on a percentage of its revenues from open source
> products.**** ---- end-quote emphases added = ****

http://www.novell.com/linux/microsoft/faq_opensource.html

Q5. Novell's November 2 press release states that, "Novell will also make 
running royalty payments based on a percentage of its revenues from open 
source products." Are these payments for a patent license to Novell?
No. Novell has no license or covenant not to sue from Microsoft under this 
agreement. The payments are for Microsoft's covenant directly to Novell's 
customers. ***By the same token, Microsoft's customers receive the same 
covenant from Novell in return for payment from Microsoft to Novell.***

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