Bonum Certa Men Certa

What is a Clone Product? And Other Questions...

Here is a great write-up aptly entitled "nobody reads this stuff" on the Patent Covenant aspect of the Microvell deal, with a little input from Novell's perspective, however clouded it may be.

The article provides further analysis of the covenant to Novell customers provided by Microsoft, ranging from simple things like misspelling Novell and some syntactical errors, to serious and seemingly unanswerable questions (either due to non-disclosure aspects of the deal, or due to lack of knowledge by the parties involved, no one can tell for sure) such as what exactly is covered by the covenant, and what is not?

The covenant makes distinctions between "covered" and "clone" products, even though the definition of a "clone product" is never provided. The author approached Novell for some assistance with this term, but all we have is Justin Steinman's best guess:

Justin Steinman: "Two examples of what might be considered a clone product might be OpenOffice.org and Samba, to be specific. Both of those are open source technologies that mimic technology offered by Microsoft."

But no, you don't get a list of what is and isn't a clone product, and Steinman says, "All the end customer really cares about is if they are using anything that is part of the SUSE Linux Enterprise platform they have a covenant not to sue from Microsoft."

You have a Covenant, so you're all squared away, right? But the Covenant says it covers Covered Products, and Covered Products doesn't include Clone Products, and you don't get a copy of the definition of Clone Products. Covered or not? You're just as mystified about the answer to "Will Microsoft sue me?" as you were before.

So, what do you think a "clone product" is, and are there any in SUSE or your favorite distro? And, given Mr. Ballmer's increased hostility and public statements ever since the deal, are you more or less uneasy about their disposition than before Novell approached Microsoft to make this deal on your behalf?

Update: Just wanted to add in this quote from Steve Ballmer at the press conference announcing the deal on November 2, as another instance of Ballmer's threats (his response to the second-to-last question, scroll way down):

Steve Ballmer: Novell is actually just a proxy for its customers, and it's only for its customers. This does not apply to any forms of Linux other than Novell's SUSE Linux. And if people want to have patent peace and interoperability, they'll look at Novell's SUSE Linux. If they make other choices, they have all of the compliance and intellectual property issues that are associated with that.

Recent Techrights' Posts

Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
[Meme] The Most Liberal Company
"Insurrection? What insurrection?"
apple.com Traffic Down Over 7%, Says One Spyware Firm; Apple's Liabilities Increased Over 6% to $308,030,000,000
Apple is also about 120 billion dollars in debt
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular
Links 23/11/2024: Press Sold to Vultures, New LLM Blunders
Links for the day
Links 23/11/2024: "Relationship with Oneself" and Yretek.com is Back
Links for the day
Links 23/11/2024: "Real World" Cracked and UK Online Safety Act is Law
Links for the day
Links 23/11/2024: Celebrating Proprietary Bluesky (False Choice, Same Issues) and Software Patents Squashed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 22, 2024
IRC logs for Friday, November 22, 2024
Gemini Links 23/11/2024: 150 Day Streak in Duolingo and ICBMs
Links for the day
Links 22/11/2024: Dynamic Pricing Practice and Monopoly Abuses
Links for the day
Topics We Lacked Time to Cover
Due to a Microsoft event (an annual malware fest for lobbying and marketing purposes) there was also a lot of Microsoft propaganda
Microsofters Try to Defund the Free Software Foundation (by Attacking Its Founder This Week) and They Tell People to Instead Give Money to Microsoft Front Groups
Microsoft people try to outspend their critics and harass them
[Meme] EPO for the Kids' Future (or Lack of It)
Patents can last two decades and grow with (or catch up with) the kids
EPO Education: Workers Resort to Legal Actions (Many Cases) Against the Administration
At the moment the casualties of EPO corruption include the EPO's own staff
Gemini Links 22/11/2024: ChromeOS, Search Engines, Regular Expressions
Links for the day
This Month is the 11th Month of This Year With Mass Layoffs at Microsoft (So Far It's Happening Every Month This Year, More Announced Hours Ago)
Now they even admit it
Links 22/11/2024: Software Patents Squashed, Russia Starts Using ICBMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 21, 2024
IRC logs for Thursday, November 21, 2024