On Fri, November 3, 2006 1:03 pm, John Pugh wrote:
>
>
> Patent protection was probably used incorrectly or at least read and
> construed incorrectly - bottom line - Microsoft and Novell will not sue
> any entity over patent issues included in each others product portfolio.
"We've made two promises under this agreement," said Brad Smith, senior
vice president, general counsel, corporate secretary, legal and corporate
affairs for Microsoft. "One is a promise that we won't assert our patents
against individual open-source developers. These are individuals that are
contributing code, not creating it as part of their job, but acting in an
individual non-commercial way. The second is for developers who are
getting paid to create code that Novell then takes and inputs into its
distribution that is then covered within the open-source agreement between
us."
Do you see the dangerous language there: "...we won't assert our patents
against individual open-source developers. These are individuals that are
contributing code, not creating it as part of their job, but acting in an
individual non-commercial way."
Now, from the GPL:
"If you cannot distribute so as to satisfy simultaneously your obligations
under this License and any other pertinent obligations, then as a
consequence you may not distribute the Program at all. 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."
> Well..the deal was being worked well before the Oracle announcement so
> while it looks that way and we will definitely capitalize on that
> opportunity, the opportunity for us to have MS pay us to take their
> marketshare is one that we are focused upon 20/20.
Your intent might have been to take Microsoft's market share, but you have
opened the door to Microsoft challenging the GPL in court. Given their
considerable war chest, you and all other Linux companies should now be
very, very concerned. Have you not seen the remains of former Microsoft
"partners" that you had to step over to sign this agreement?
I have called for a general boycott of all Novell products and services
until this apparent GPL violation has been resolved:
http://www.openaddict.com/news.php?item.227.3
If you are not a member of the FSF, you should probably join now or
contribute some financial support for the pending legal conflict over the
GPL.
v/r,
Rich Morgan
OpenAddict.com
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