Bonum Certa Men Certa

Just In: Novell Earns More Money From MS Patent Deal Than it Pays

Justin Steinman confirms, $240M > $40M

Okay, actually there is absolutely nothing new about the revelation in the post title, nor the (unpatentable) mathematical statement above, but what is new is how Novell's Justin Steinman finally recognizes why Novell got so much more money, because of the sheer difference in customer base - not patent portfolio quality, as was often insinuated early after the deal's announcement.

Q: How did you come up with the value for the “promise” that Microsoft made?

Nat Friedman: I have no idea how they did that. In general, when it comes to patent questions, you look at two things: 1. The patents that the patent holder has. 2. The business over the person who wants patent protection or coverage. And the dollar amount is usually a function of these two values. So, for example, you might only hold one patent, but if you sue company X for infringing your one patent, and company X makes $1 billion/year in revenue based on their product that infringes your patent, then even though you only have one patent, you can extract a lot of money from company X.

So I’m guessing the team that put together the deal considered both the Microsoft and the Novell revenue. You notice that the balance of payments is heavily in Novell’s favor. Microsoft is giving us much more money than we are giving them.

Novell has a few hundred patents, and Microsoft has thousands. So you can guess that the quality of the patents and the revenue streams of both companies were considered.


Contrast Nat Friedman's thoughts above with Justin's below, note that Justin's current story jibes with the one Microsoft was always pushing - a rarity when the two sides agree on an aspect of the deal.

"Actually, Novell gets more money," Steinman said. Even when discounting Microsoft payments to Novell for access to Novell's Suse Linux, Novell still gets more, he said. Steinman attributed the disparity to Microsoft simply having more customers than Novell.

"They're paying for coverage for more customers," Steinman said. He said he did know the difference in the amount of money changing hands.

Steinman recited the often-repeated mantra that the deal with Microsoft was what customers wanted. They wanted the IP issue to go away and they want Linux interoperability with Windows, he said.

Microsoft, in a statement, said the dollar amount of the arrangement will vary.

"Both Microsoft and Novell have patent portfolios, and as part of the patent agreement, each is paying the other for access to these patents. There is an upfront payment from Microsoft to Novell," Microsoft said. "Then, Novell will pay Microsoft on an ongoing basis. The total dollar amount depends on how big certain Novell businesses grow over time. It is impossible to say how all payments will net out until Novell's business performance over the next several years is factored in."


Still, notice how there is no reciprocal royalty from Microsoft to Novell going forward, Novell receives a lump sum up front in exchange for their tacit acknowledgment of their IP claims, which Microsoft will slowly take back in royalties should they survive very long.

Anyhow, as has previously been demonstrated, the money in these deals is absolutely irrelevant to the monopolist: one week of Microsoft profit pays for 5 years of SUSE coupons; I once said that this is a "company that is facing a daily $1.5M fine in the EU and never even blinked. ". What is important to Microsoft is to have a list of protocol licensees who find their interoperability tax to be "reasonable and non-discriminatory" for the E.C., and to get Linux distributors to purchase their right-to-use license directly from the source, rather than via SCO.

Basically, Microsoft is willing to take a loss at first to win some customers for their right-to-use license, and Novell was happy to sign up as the first high-profile "reference" client, for some consideration - namely nearly one-third of a billion dollars or so, all told.

Poor Xandros, according to Groklaw they reportedly got zilch to be reference client #2, but they still have to pay the royalty on shipping products. Ouch.

Recent Techrights' Posts

Parties and Milestones Again
we've begun putting up about 40 balloons
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete
 
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Links 26/10/2025: Microsoft Spies on Gamers, Open Transport Community Conference
Links for the day
Links 26/10/2025: LLM Slop / Plagiarism Programs Continue to Disappoint, CISA Layoffs Threaten Systems
Links for the day
Gemini Links 26/10/2025: Gemsync and Joining the Small Web
Links for the day
India.com a Click-baiting, SEO-Spamming, Slopfarming Heap
They do this almost every day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 25, 2025
IRC logs for Saturday, October 25, 2025
Without XBox Consoles, XBox is No More, It's Just a Brand (More Rumours of Microsoft Ending XBox, Then Laying Off Lots of Staff)
All signs indicate that Microsoft wants to "exit" the XBox business (not brand), but it does not want to publicly admit this as it would alarm staff and shareholders