p2pnet.net news:- Novell has filed its annual report with the SEC and although 10-K filing doesn’t go into the specifics of its deal with Microsoft deal, “it does include, subject to some redactions, the full three Microsoft agreement documents,” says eWeek, “the second amended and restated technical collaboration agreement, the first amended and restated business collaboration agreement and the patent cooperation agreement:.

The story points out that, says Pamela Jones’ Groklaw, “it explains that Microsoft may be forced to stop distributing SUSE Linux coupons if the current text of the third draft of the GNU GPL (General Public License) 3 is included in the final license”

Says Jones, “while I obviously haven’t had time yet to absorb it or even read it all, for all you Doubting Thomases, here is what it says in part about GPLv3:”

Discussion Draft 3 includes a term intended to require Microsoft to make the same patent covenants that our customers receive to all recipients of the GPLv3 software included in our products. It also includes a license condition intended to preclude companies from entering into patent arrangements such as our agreement with Microsoft by prohibiting any company that has entered into such an arrangement from distributing GPLv3 code. This license condition does not apply to arrangements entered before March 28, 2007, so as currently proposed it would not apply to our agreement with Microsoft; however, the FSF specifically indicated that this “grandfathering” condition is tentative and may be dropped depending on feedback the FSF receives.

If the final version of GPLv3 contains terms or conditions that interfere with our agreement with Microsoft or our ability to distribute GPLv3 code, Microsoft may cease to distribute SUSE Linux coupons in order to avoid the extension of its patent covenants to a broader range of GPLv3 software recipients, we may need to modify our relationship with Microsoft under less advantageous terms than our current agreement, or we may be restricted in our ability to include GPLv3 code in our products, any of which could adversely affect our business and our operating results. In such a case, we would likely explore alternatives to remedy the conflict, but there is no assurance that we would be successful in these efforts.

Her post links to the technical collaboration agreement, first amended and restated business collaboration agreement, “And the one you’ve been waiting for, the patent agreement“.

Portions are redacted.

Slashdot it!

Also See:
eWeek - Novell Goes Public with MS Patent Agreement Documents, May 25, 2007
Groklaw - Novell has filed its 10K & patent agreement: may be restricted in ability to include GPLv3 code; MS may cease to distribute, May 25, 2007

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This entry was posted on Monday, May 28th, 2007 at 7:55 am and is filed under Open Source. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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