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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?"
Maybe Microsoft wants to sue them for the "Office" part? Appearently they thought they could sue Lindows for the "indows" part...
There's an old saying that says pretty much whatever you want it to.
Please notice that items like Star Office ARE included in the agreement, so I don't think this belies any patent cases against end-users. The biggest difference between Star Office and Open Office is that one is under the control of Sun, and one is not (or at least less-so). Therefore, Sun would obviously not want to be held responsible for things beyond it's control, such as outside coders blatantly putting in patented/copywrited material into Open Office.
That said, I this is Microsoft and their legal actions have rarely been that benign in the past.
When Argumentum ad Hominem falls short, try Argumentum ad Matrem
IANAL, but it would seem to me if Sun changed the name of OpenOffice, this exemption for MS would no longer apply?
What could happen is this...
I remember reading that MSFT was going to tie some DRM into future versions of office... only "authorized" people could view documents. You'd, of course, need a MSFT policy server somewhere on your network to make sure you could set these permissions, and view documents, and all that good stuff...
If OpenOffice decided to reverse engineer this, the loophole lets MSFT sue them.
Does anyone remember the good old days when you could save your Word 6 doc, open it in WordPefect, and work on it there? Or, hell, when you could save your GeoWrite document, open it it Word Writer, and work on it there? What the hell happened?
Quote...
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.
LIMITED PATENT COVENANT AND STAND-STILL AGREEMENT
they only way to deal with the tyrant of Redmond is a war of attrition...
no quarter, no mercy, just cut em off completely, send msft to the recycle bin of history forever...
msft is not to be trusted under any circumstances...
this has already been done both in my office and at home...
Are you pondering what I'm pondering, Pinky?
Well I think so, Brain, but didn't SCO already patent that way of doing business?
It's better to vote for what you want and not get it than to vote for what you don't want and get it.
- E. Debs