On Novell and Microsoft

On Novell and Microsoft

Posted Nov 8, 2006 0:28 UTC (Wed) by BrucePerens (subscriber, #2510)
In reply to: On Novell and Microsoft by alexbk
Parent article: On Novell and Microsoft

The covenant is the subject of a commercial agreement between the two companies in which Microsoft agreed to issue it to Novell's customers in return for certain consideration from Novell such as use of Novell's patents and Novell's help in various ways. So, it's as if Novell were paying Microsoft to do this and to act as their proxy, in some mistaken belief that using a proxy would protect them from legal liability for breach of the GPL. It won't get by a court.

Were Microsoft choosing to issue this covenant out of the goodness of its heart for no consideration from Novell of any kind, Novell might not be in violation.

Thanks

Bruce

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