On 6/23/07, MB Software Solutions <[EMAIL PROTECTED]> wrote:

> Fair enough, but they certainly have no love for M$, or at least that's
> the impression I got from their comments.

"no love of Microsoft?" This is not a company known for playing well
with others.

Microsoft wants vendors of free software to send MS money. In
exchange, MS might not sue them for patents that MS may not have, may
not be valid, may not be infringed, and might not survive the
challenge in court. MS hasn't actually tried to take to court of any
the people who they allege have infringed on patents they might not
have, but they're not likely to give back the money if the whole thing
turns out to be an unenforceable farce.

Would you send them money for patents they don't have and you may not
have infringed?

Novell bought into the no-sue-covenant because they'd been negotiating
a cross-licensing deal with MS for years. Novell needed the money
(Novell, not MS ended up with the net profit for the deal; it was
something like MS paying Novell $450 M for the cross-license, and
Novell paying $50 M for the convenant; net, Novell made enough money
to stay in business.)

Why anyone else would sign up is a bit of a mystery. I've heard
they've got a second customer, but haven't read details.

P.S. The covenant is supposed to be good for five years. I wonder what
kind of terms you get for a renewal?

-- 
Ted Roche
Ted Roche & Associates, LLC
http://www.tedroche.com


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