[opensuse-project] Update on the Microsoft deal - Letter to the Community by Novell
We've updated the material at: http://www.novell.com/linux/microsoft/ There's now an letter from our CEO Ron Hovsepian, I quote it in full below, Andreas ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ On November 2, Novell and Microsoft announced a significant, multi-part agreement to work together to improve the interoperability between Linux and Windows and for Microsoft to redistribute more than 350,000 subscriptions for SUSE Linux Enterprise to the Windows customer base over a five-year period. This agreement is at the heart of what IT users demand - to deploy both Linux and Windows, and to have them work well together - and many companies have spoken out in support of this new cooperation. Customers told us that they wanted Linux and Windows to work together in their data centers, and so we agreed to develop new technologies and standards in server management, virtualization and document file format compatibility. CIOs want to focus on their business, and they want their suppliers to focus on improving operating system interoperability. The Linux community will benefit from the creation and release of the open source code to improve Linux's interoperability with Windows that will result from this agreement. Our interest in signing this agreement was to secure interoperability and joint sales agreements, but Microsoft asked that we cooperate on patents as well, and so a patent cooperation agreement was included as a part of the deal. In this agreement, Novell and Microsoft each promise not to sue the other's customers for patent infringement. The intended effect of this agreement was to give our joint customers peace of mind that they have the full support of the other company for their IT activities. Novell has a significant patent portfolio, and in reflection of this fact, the agreement we signed shows the overwhelming balance of payments being from Microsoft to Novell. Since our announcement, some parties have spoken about this patent agreement in a damaging way, and with a perspective that we do not share. We strongly challenge those statements here. We disagree with the recent statements made by Microsoft on the topic of Linux and patents. Importantly, our agreement with Microsoft is in no way an acknowledgment that Linux infringes upon any Microsoft intellectual property. When we entered the patent cooperation agreement with Microsoft, Novell did not agree or admit that Linux or any other Novell offering violates Microsoft patents. Our stance on software patents is unchanged by the agreement with Microsoft. We want to remind the community of Novell's commitment to, and prior actions in support of, furthering the interests of Linux and open source, and creating an environment of free and open innovation. We have a strong patent portfolio and we have leveraged that portfolio for the benefit of the open source community. Specifically, we have taken the following actions: * We have stated our commitment to use our own software patents to protect open source technologies. http://www.novell.com/company/policies/patent/ * We have spoken out against EU legislation that would liberalize the standards for granting software patents. http://www.novell.com/company/policies/patent/european.html * We offer indemnification to our Linux customers accused of intellectual property infringement. http://www.novell.com/licensing/indemnity/ * We have teamed with the United States Patent and Trademark Office and other industry leaders to reduce the issuance of "bad patents" in the software area. http://www.eweek.com/article2/0,1895,1911979,00.asp * In 2005, we co-founded Open Invention Network (´OIN¡), ´an intellectual property company that was formed to promote Linux by using patents to create a collaborative environment.¡ Novell's substantial contributions to OIN were made to benefit not only ourselves, but also other Linux vendors, distributors and developers, and anyone else willing to commit not to assert their patents against Linux. http://www.openinventionnetwork.com/ In closing, we wish to be extremely clear that Novell is committed to protecting, preserving and promoting freedom for free and open source software. We recognize that the community of open source developers is essential to all our activities in Linux, and we welcome dialog with the community as to how we can continue to work together toward these common goals. Ron Hovsepian Chief Executive Officer Novell, Inc. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Andreas -- Andreas Jaeger, aj@suse.de, http://www.suse.de/~aj/ SUSE LINUX Products GmbH, Maxfeldstr. 5, 90409 Nürnberg, Germany GPG fingerprint = 93A3 365E CE47 B889 DF7F FED1 389A 563C C272 A126
On Tuesday 21 November 2006 09:52, Andreas Jaeger wrote:
There's now an letter from our CEO Ron Hovsepian, I quote it in full below,
This is a very useful development. Paragraphs 3:
Our interest in signing this agreement ... and 5: We disagree with the recent statements made by Microsoft are particularly helpful.
-- Pob hwyl / Best wishes Kevin Donnelly www.kyfieithu.co.uk - KDE yn Gymraeg www.eurfa.org.uk - Geiriadur rhydd i'r Gymraeg www.rhedadur.org.uk - Rhedeg berfau Cymraeg www.cymrux.org.uk - Linux Cymraeg ar un CD --------------------------------------------------------------------- To unsubscribe, e-mail: opensuse-project+unsubscribe@opensuse.org For additional commands, e-mail: opensuse-project+help@opensuse.org
On Tuesday 21 November 2006 12:29, Kevin Donnelly wrote:
On Tuesday 21 November 2006 09:52, Andreas Jaeger wrote:
There's now an letter from our CEO Ron Hovsepian, I quote it in full below,
This is a very useful development. Paragraphs 3:
Our interest in signing this agreement ...
and 5:
We disagree with the recent statements made by Microsoft
are particularly helpful.
What is this? Doesn't smell right. http://www.microsoft.com/presspass/press/2006/nov06/11-20Statement.mspx “We at Microsoft respect Novell's point of view on the patent issue, even while we respectfully take a different view. Novell is absolutely right in stating that it did not admit or acknowledge any patent problems as part of entering into the patent collaboration agreement. At Microsoft we undertook our own analysis of our patent portfolio and concluded that it was necessary and important to create a patent covenant for customers of these products. We are gratified that such a solution is now in place." --------------------------------------------------------------------- To unsubscribe, e-mail: opensuse-project+unsubscribe@opensuse.org For additional commands, e-mail: opensuse-project+help@opensuse.org
Silviu Marin-Caea
On Tuesday 21 November 2006 12:29, Kevin Donnelly wrote:
On Tuesday 21 November 2006 09:52, Andreas Jaeger wrote:
There's now an letter from our CEO Ron Hovsepian, I quote it in full below,
This is a very useful development. Paragraphs 3:
Our interest in signing this agreement ...
and 5:
We disagree with the recent statements made by Microsoft
are particularly helpful.
What is this? Doesn't smell right.
http://www.microsoft.com/presspass/press/2006/nov06/11-20Statement.mspx
“We at Microsoft respect Novell's point of view on the patent issue, even while we respectfully take a different view. Novell is absolutely right in stating that it did not admit or acknowledge any patent problems as part of entering into the patent collaboration agreement. At Microsoft we undertook our own analysis of our patent portfolio and concluded that it was necessary and important to create a patent covenant for customers of these products. We are gratified that such a solution is now in place."
I consider this one important: * "Novell is absolutely right in stating that it did not admit or acknowledge any patent problems as part of entering into the patent collaboration agreement." And besides - Microsoft and Novell just disagree in some parts, Andreas -- Andreas Jaeger, aj@suse.de, http://www.suse.de/~aj/ SUSE LINUX Products GmbH, Maxfeldstr. 5, 90409 Nürnberg, Germany GPG fingerprint = 93A3 365E CE47 B889 DF7F FED1 389A 563C C272 A126
On Tuesday 21 November 2006 11:35, Silviu Marin-Caea wrote:
We at Microsoft respect Novell's point of view on the patent issue, even while we respectfully take a different view
So Microsoft doesn't agree with everyone else regarding patent infringement in Linux. So what's new? Are we surprised? -- Pob hwyl / Best wishes Kevin Donnelly www.kyfieithu.co.uk - KDE yn Gymraeg www.eurfa.org.uk - Geiriadur rhydd i'r Gymraeg www.rhedadur.org.uk - Rhedeg berfau Cymraeg www.cymrux.org.uk - Linux Cymraeg ar un CD --------------------------------------------------------------------- To unsubscribe, e-mail: opensuse-project+unsubscribe@opensuse.org For additional commands, e-mail: opensuse-project+help@opensuse.org
This part of what Mr. Hovsepian said does not make any sense:
Novell has a significant patent portfolio, and in reflection of this fact, the agreement we signed shows the overwhelming balance of payments being from Microsoft to Novell
At last count, Microsoft has 5834 US patents, Novell has 279. You can check this yourself by going here and typing an/microsoft then an/novell in the query box: http://patft.uspto.gov/netahtml/PTO/search-adv.htm If each company's payment receive for "patent protection" is proportional to the number of patents that company holds, as Mr. Hovsepian implies, Novell should have paid Microsoft more than 20 times the amount that Microsoft paid Novell. Either Mr. Hovsepian is confused or he would still rather not explain the reason for the large payment from Microsoft to Novell. Saill On 11/21/2006 01:52 AM, Andreas Jaeger wrote:
We've updated the material at: http://www.novell.com/linux/microsoft/
There's now an letter from our CEO Ron Hovsepian, I quote it in full below,
Andreas
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Saill White
This part of what Mr. Hovsepian said does not make any sense:
Novell has a significant patent portfolio, and in reflection of this fact, the agreement we signed shows the overwhelming balance of payments being from Microsoft to Novell
At last count, Microsoft has 5834 US patents, Novell has 279.
You can check this yourself by going here and typing an/microsoft then an/novell in the query box:
http://patft.uspto.gov/netahtml/PTO/search-adv.htm
If each company's payment receive for "patent protection" is proportional to the number of patents that company holds, as Mr. Hovsepian implies, Novell should have paid Microsoft more than 20 times the amount that Microsoft paid Novell.
It's not so easy.
Either Mr. Hovsepian is confused or he would still rather not explain the reason for the large payment from Microsoft to Novell.
The amount of payments in a patent-related situation are a function of two variables: the strength of the claims in the patents held and the value of the infringing business. Novell has a very strong patent portfolio, and Microsoft generates a lot of revenue for its products, and both of these items are factors in determining the payment amounts, Andreas -- Andreas Jaeger, aj@suse.de, http://www.suse.de/~aj/ SUSE LINUX Products GmbH, Maxfeldstr. 5, 90409 Nürnberg, Germany GPG fingerprint = 93A3 365E CE47 B889 DF7F FED1 389A 563C C272 A126
On Tuesday 21 November 2006 15:41, Saill White wrote:
At last count, Microsoft has 5834 US patents, Novell has 279.
I see you go for quantity rather than quality ... Suppose, for instance, that Microsoft's patents are less far-reaching, or more likely to be challengeable? (This is not at all impossible - they have applied for a patent on a verb conjugator, for instance, when there is significant prior art, including the web-app I did for Welsh last year). -- Pob hwyl / Best wishes Kevin Donnelly www.kyfieithu.co.uk - KDE yn Gymraeg www.eurfa.org.uk - Geiriadur rhydd i'r Gymraeg www.rhedadur.org.uk - Rhedeg berfau Cymraeg www.cymrux.org.uk - Linux Cymraeg ar un CD --------------------------------------------------------------------- To unsubscribe, e-mail: opensuse-project+unsubscribe@opensuse.org For additional commands, e-mail: opensuse-project+help@opensuse.org
Andreas Jaeger wrote (@ Terça, 21 de Novembro de 2006 09:52):
We've updated the material at: http://www.novell.com/linux/microsoft/
There's now an letter from our CEO Ron Hovsepian, I quote it in full below,
Andreas
I originally thought Microsoft had good intentions, but seeing Ballmer's statements it seems their ultimate goals were quite destructive. I would like to publicaly thank Novell's CEO Ron Hovsepian for fighting against such FUD, even if so may angry Microsoft into doing their best not to follow the agreement. I feel the agreement background and intentions are now cleared up. Hopefully, with this declaration from Novell, Microsoft will not suceed spreading this FUD any longer, and no harm will be done, but only time will tell. Cheers, Ricardo -- Limericks are art forms complex, Their topics run chiefly to sex. They usually have virgins, And masculine urgin's, And other erotic effects. --------------------------------------------------------------------- To unsubscribe, e-mail: opensuse-project+unsubscribe@opensuse.org For additional commands, e-mail: opensuse-project+help@opensuse.org
participants (5)
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Andreas Jaeger -
Kevin Donnelly -
Ricardo Cruz -
Saill White -
Silviu Marin-Caea