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MS-Sun Agreement Leaves Opening For OO.org Suits
newentiti writes "We all know Microsoft paid $900,000,000.00 to Sun and they also signed a LIMITED PATENT COVENANT AND STAND-STILL AGREEMENT. The agreement basically states that Microsoft will not sue Sun for any patents for the next 10 years and vice versa. What's really interesting is that according to this story the agreement had a special provision that lets Microsoft sue anybody, including Sun, over OpenOffice.org. I wonder what Microsoft had in mind?"
Oh! Oh! I know! Sue everybody over OO.org?
Sola Deo Gloria!
According to the recently released financial documents to the SEC, besides the $900,000,000.00 being paid to Sun, a LIMITED PATENT COVENANT AND STAND-STILL AGREEMENT was also enacted.
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.
So basically, while Microsoft will not sue Sun for any patents for the next 10 years and visa versa (Cross Licensing Agreement). Microsoft can sue anybody, including Sun over Open Office (Sun's Star Office is protected). This is probably as close as Microsoft can legally get to buying Open Office.
The rest states that Sun has to give Microsoft legal aid in bringing lawsuits against users of Open Office. Also, Microsoft will pay Sun a confidential sum for its troubles for providing that legal aid.
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 reimbursable Damages. Sun shall promptly notify Microsoft of any Claim, shall provide Microsoft with the opportunity to take control over and responsibility for the defense and/or settlement of such Claim, and shall reasonably cooperate with Microsoft in litigating the defense of such Claim, including in all discovery and trial preparation efforts. Microsoft will not have any obligation to reimburse Reimbursable Damages unless Sun abides by the foregoing requirements. Microsoft shall also be relieved of its obligation to reimburse Reimbursable Damages if Sun breaches any warranty in Section VII.4. As a condition to accepting control and responsibility for such defense, Microsoft shall acknowledge in writing that such third party claim constitutes a "Claim" and, as such, would give rise to Reimbursable Damages if determined adversely. In the event that Microsoft accepts control and responsibility for such defense, Sun shall be entitled to participate in such defense at its own cost. "Claim" means any claim that Sun is liable to indemnify or otherwise reimburse any Authorized Licensee or third party for damages it has been ordered to pay by final judgment or settlement arising from a claim asserted by Microsoft against such Authorized Licensee or third party that any Deployed Copy of Open Office infringes any patent of Microsoft. "Reimbursable Damages" means the amount of any adverse final judgment awarded by a court of competent jurisdiction, or Microsoft approved settlement, against Sun that is based on the Claim.
3. The Parties acknowledge that the product currently marketed by Sun as Star Office shall not be affected by this Section IV.
nuff said
What would it take to get some judge to order Microsoft to open their document and spreadsheet formats given that it is the defacto standard and anti-competetive of them to keep it a secret?