"Sun Sells Out Open Office to Microsoft"

Ever since Microsoft shutup shut-up the rhetoric of Scott McNealy
with their ripoff fee of $2 billion, I knew that OpenOffice.org
was not parked in the right spot. And there was a hidden reason
that Microsoft went into the belly of the beast back then :

http://mailman.ibssnet.com/pipermail/thelinuxshow/2004-Se...

[Thelinuxshow] "Sun Sells Out Open Office to Microsoft"

Robert M. Stockmann thelinuxshow@mailman.ibssnet.com
Mon, 20 Sep 2004 00:35:09 +0200 (CEST)

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Hi,

on linuxelectrons the editors started a interesting thread :

"Sun Sells Out Open Office to Microsoft"
http://www.linuxelectrons.com/article.php/20040914141417417

where they presumably state that Sun Sells Out Open Office to Microsoft.
I would say Sun has received a large amount of cash from Microsoft and in
return handed over to Microsoft the legal right to sue Anyone over
Open Office (Technology) except Sun itself.

Thats a typical pay-off deal?

There's a official SEC Filing on this at :
http://www.sec.gov/Archives/edgar/data/709519/00011931250...

"EX-10.109 6 dex10109.htm
LIMITED PATENT COVENANT AND STAND-STILL AGREEMENT DATED APRIL, 2004 ,
Exhibit 10.109
Sun and Microsoft Confidential "

in which i find the following two Sections interesting, and maybe
alarming :

"
IV. PROVISIONS RELATING TO OPEN OFFICE

1. Notwithstanding the other provisions of this Agreement, with respect
solely to the product developed by Sun and generally known as Open
Office, the Covenants of Section II above and the Releases of Section
III above shall apply fully to Sun but shall not apply to Authorized
Licensees of Open Office or any other third party. Accordingly,
Microsoft shall not be foreclosed by this Agreement from seeking
damages from Authorized Licensees of Open Office for copies of Open
Office made or acquired prior to the Effective Date of this Agreement.
Nor shall Microsoft be foreclosed from seeking any damages from Sun,
its Affiliates, Authorized Licensees or any third party for any copies
of Open Office made or deployed by a User after the Effective Date.


2. In the event that Microsoft elects to sue or otherwise seek recovery
from an Authorized Licensee of Open Office for copies thereof that were
made and deployed by a User prior to the Effective Date of this
Agreement ("Deployed Copies"), upon request, Microsoft agrees to
promptly reimburse Sun for any
"

"
V. PROVISIONS RELATING TO CLONE PRODUCTS AND FOUNDRY PRODUCTS

Clone Products and Foundry Products shall be treated under this
Agreement in the same manner as products until April 1, 2007, after
which they shall be treated in the same manner as Open Office.
"

Anyone with access to a lawyer to clarify this ?

Regards,

Robert
--
Robert M. Stockmann - RHCE
Network Engineer - UNIX/Linux Specialist
crashrecovery.org stock@stokkie.net