CyberTech Rambler

October 12, 2007

Novell believe Microsoft covenant will extends to all GPLv3 user, if any GPLv3 product is used in SuSE

Filed under: Uncategorized — ctrambler @ 6:07 pm

Hmm…. I cannot understand this, but the players in the Novell-Microsoft agreement frequently finds it necessary to talk on behalf of the other party. Normally we have Microsoft talking for Novell, in this rare occasion, we see Novell talking for Microsoft.

The interesting point is on Novell’s new Technolology Assurance Program which specifically states that:

Microsoft has extended its covenant to not sue users of Linux-based products from Novell to all GPL v3 users as soon as GPL v3 code is integrated into SUSE Linux Enterprise. This means that the patent protection Microsoft extends to Novell customers now covers every customer who uses any Linux-based software that Novell distributes under GPL v3.

Most of us following the Novell-Microsoft agreement, including CAOS Theory, recall that Microsoft’s initial analysis says that

Microsoft is not a party to the GPLv3 license and none of its actions are to be misinterpreted as accepting status as a contracting party of GPLv3 or assuming any legal obligations under such license.

and Novell’s statement certainly contradicts this.

All I can say right now, barring a new statement from Microsoft, which itself is extremely unlikely even if Microsoft did change its stance and this Novell’s PR statement got Microsoft’s blessing before hand, is that Novell’s own analysis concur with Free Software Foundation’s view that “Microsoft cannot declare itself exempt from the requirements of GPLv3.”


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