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Novell discloses Microsoft patent agreement
May 26, 2007

Novell filed its delayed annual report with the SEC on May 25, including as attachments the technical co-operation and patent agreements it entered into with Microsoft in November 2006.

The 10-K filing for the fiscal year, to Oct. 31, 2006, was delayed as a result of a stock option investigation, which was recently concluded, allowing the company to release its annual report. The entire 10-K filing can be found here.

The text of the 144-page 10-K filing does not get into the specifics of the Microsoft deal, but it does include, subject to some redactions, the full three Microsoft agreement documents: the second amended and restated technical collaboration agreement, the first amended and restated business collaboration agreement, and the patent cooperation agreement.

One of the most notable things about the report, according to Pamela Jones's Groklaw Web site, is that 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.

"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," the Novell filing said.


To read the rest of Peter Galli's eWEEK.com article, go here.



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