06.13.07

Gemini version available ♊︎

Not Just Customers – Novell Pays Royalty for MS Patent License

Posted in Boycott Novell, Deals, Deception, FSF, GPL, Microsoft, Novell, Patent Covenant at 12:05 pm by Shane Coyle

In Novell’s recent 10-Q filing, which contains a very lucid explanation of the overall scope of the Microvell deal, it is mentioned that Novell does indeed get released from liability for patent infringement prior to the deal (with "certain exceptions"), and that Novell agrees to pay royalties – a minimum of $40M – on their open source software shipped under the agreement going forward in exchange for that release.

Under the Patent Cooperation Agreement, Microsoft agreed to covenant with our customers not to assert its patents against our customers for their use of our products and services for which we receive revenue directly or indirectly, with certain exceptions, while we agreed to covenant with Microsoft’s customers not to assert our patents against Microsoft’s customers for their use of Microsoft products and services for which Microsoft receives revenue directly or indirectly, with certain exceptions. In addition, we and Microsoft each irrevocably released the other party, and its customers, from any liability for patent infringement arising prior to November 2, 2006, with certain exceptions. Both we and Microsoft have payment obligations under the Patent Cooperation Agreement. Microsoft made an up-front net balancing payment to us of $108 million, and we will make ongoing payments to Microsoft totaling a minimum of $40 million over the five year term of the agreement based on a percentage of our Open Platform Solutions and Open Enterprise Server revenues.

Everyone dust off their GPLv2 and turn to Section 7…

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Techrights Develops Free Software to Separate the Wheat From the Chaff

    In order to separate the wheat from the chaff we’ve been working on simple, modular tools that process news and help curate the Web, basically removing the noise to squeeze out the signal



  2. Links 26/03/2023: MidnightBSD 3.0 and FreeBSD 13.2 RC4

    Links for the day



  3. IRC Proceedings: Saturday, March 25, 2023

    IRC logs for Saturday, March 25, 2023



  4. Links 26/03/2023: More TikTok Bans

    Links for the day



  5. Links 25/03/2023: Gordon Moore (of Moore's Law) is Dead

    Links for the day



  6. Links 25/03/2023: Decade of Docker, Azure Broken Again

    Links for the day



  7. [Meme] Money Deducted in Payslips, But Nothing in Pensions

    Sirius ‘Open Source’ has stolen money from staff (in secret)



  8. IRC Proceedings: Friday, March 24, 2023

    IRC Proceedings: Friday, March 24, 2023



  9. The Corporate Media is Not Reporting Large-Scale Microsoft Layoffs (Too Busy With Chaffbot Puff Pieces), Leaks Required to Prove That More Layoffs Are Happening

    Just as we noted days ago, there are yet more Microsoft layoffs, but the mainstream media gets bribed to go “gaga” over vapourware and chaffbots (making chaff like “Bill Gates Says” pieces) instead of reporting actual news about Microsoft



  10. Sirius 'Open Source' Pensiongate: Time to Issue a Warrant of Arrest and Extradite the Fake 'Founder' of Sirius

    Sirius ‘Open Source’ is collapsing, but that does not mean that it can dodge accountability for crimes (e.g. money that it silently stole from its staff since at least 12 years ago)



  11. Links 24/03/2023: Microsoft's Fall on the Web and Many New Videos

    Links for the day



  12. IRC Proceedings: Thursday, March 23, 2023

    IRC logs for Thursday, March 23, 2023



  13. Links 24/03/2023: Social Control Media Bans Advancing

    Links for the day



  14. Links 24/03/2023: GNU Grep 3.10 and Microsoft Accenture in a Freefall

    Links for the day



  15. Links 23/03/2023: RSS Guard 4.3.3 and OpenBSD Webzine

    Links for the day



  16. Experiencing 15 Years of LibrePlanet Celebration Firsthand as a Volunteer: 2023 - Charting the Course

    Article by Marcia K Wilbur



  17. [Meme] Grabinski the Opportunity

    Reports of European Patents being invalidated (judges do not tolerate fake patents) have become so common that a kangaroo court becomes a matter of urgency for the EPO‘s Benoît Battistelli and António Campinos; will the EU and the EPO’s Administrative Council go along with it, helping to cover up more than a decade of profound corruption?



  18. Union Syndicale Fédérale Cautions the EPO's Administrative Council About Initiating an Illegal Kangaroo Court System for Patents (UPC) While EPO Breaks Laws and Sponsors the Ukraine Invasion

    Union Syndicale Fédérale (USF) is once again speaking out in support of the staff union of Europe's second-largest institution, which lacks oversight and governance because of profound corruption and regulatory capture



  19. Investigation Underway: Sirius 'Open Source' Embezzled/Stole Money, Robbed Its Own Staff

    In light of new developments and some progress in an investigation of Sirius ‘Open Source’ (for fraud!) we take stock of where things stand



  20. [Meme] Sirius 'Open Source' Pensions: Schemes or Scams? Giving a Bad Name to Open Source...

    What Sirius ‘Open Source’ did to its staff is rightly treated as a criminal matter; we know who the perpetrators are



  21. Sirius 'Open Source' Under Investigation for Pension Fraud, Several Pension Providers Examine the Facts

    2 pension providers are looking into Sirius ‘Open Source’, a company that defrauded its own staff; stay tuned as there’s lots more to come. Is this good representation for “Open Source”? From a company that had many high-profile clients in the public sector?



  22. Links 23/03/2023: Sparky 2023.03 Special Editions and SUSE Changes CEO (Dirk-Peter van Leeuwen)

    Links for the day



  23. Links 23/03/2023: Linux 6.2.8 and XWayland 23.1.0

    Links for the day



  24. IRC Proceedings: Wednesday, March 22, 2023

    IRC logs for Wednesday, March 22, 2023



  25. Apple 'Porn' Filter

    Guest post by Ryan Farmer: Apple and US State Governments Developing System to Require People to Report Themselves for Watching Porn.



  26. 3.5 Years Later Gemini Protocol and Geminispace Are Still 100% Community-Controlled

    Community-centric alternatives to the World Wide Web have gained traction; one of them, Gemini Protocol, continues to grow in 2023 and we're pleased to report progress and expansion



  27. Windows Falls to 16% Market Share in India (It was 97% in 2009), Microsoft Layoffs Reach India Too

    This month’s picture from the world’s most populous nation does not look good for Microsoft (it looks good for GNU/Linux); anonymous rumour mills online say that Microsoft isn’t moving to India but is actually firing staff based in India, so it’s a case of shrinking, not offshoring. When even low-paid (much lower salaries) staff is discarded it means things are very gloomy.



  28. Links 22/03/2023: GNOME 44 “Kuala Lumpur”

    Links for the day



  29. Microsoft Has Also Infiltrated the OSI's Board of Directors After Rigged Elections

    Weeks ago we warned that this would happen and for the third or fourth time in 2 years the OSI’s election process broke down; today the Open Source Initiative (OSI) writes: “The polls just closed, the results are in. Congratulations to the returning directors Aeva Black…” (Microsoft employee)



  30. Links 22/03/2023: Official Thunderbird Podcast Starts

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts