Bonum Certa Men Certa

“***” means the *** and ***, equivalent offerings and any offerings marketed as “***”.

Unfortunately, the title of this posting is indicative of the what you will find if you want to have a look at Exhibit B of the Microvell deal, the "payments" section - the one that would likely list which open source products shipped under the agreement Novell agreed to pay Microsoft royalties on, and perhaps even why.

Actually, exhibit C is even worse, as a matter of fact Exhibit C is as follows:

EXHIBIT C *** *** *** *** *** *** ***

--------------------------------------- *** Portion for which confidential treatment requested.


From the non-redacted portions of the agreement, we finally learn about what a "clone product" is, and then we notice that, as Bruce Perens had noted early on after the agreement's release, OpenOffice.org, StarOffice, OpenXchange and Wine are specifically excluded from the protection, but it also stipulates that Novell is not conceding that these are indeed "clone products".
1.7 “Clone Product” means a product (or major component thereof) of a Party that has the same or substantially the same features and functionality as a then-existing product (or major component thereof) of the other Party (“Prior Product”) and that (a) has the same or substantially the same user interface, or (b) implements all or substantially all of the Application Programming Interfaces of the Prior Product. Those portions of a product that are otherwise licensed to one Party from the other Party, or that are compliant with a specification of a standards organization as to which the other Party has consented to the use of its Patents therefor, shall not be considered in determining whether the product is a Clone Product. (i) The Parties agree that products sold, licensed, supplied, distributed or otherwise made available by a Party for Revenue before the Effective Date (“Existing Products”) will not be deemed Clone Products. For purposes of clarification, the parties acknowledge that any features and functionality of such Existing Products (“Existing Product Functionality”) may be considered in determining whether a new product (or major component thereof) meets the requirements set forth in the first paragraph of this definition, provided that, even if a new product (or major component thereof) meets such requirements, only those Patents covering inventions in new features and functionality in such Clone Product may be asserted against such Clone Product, and only with regard to Clone Product Functionality. For purposes of this subsection (i), “Clone Product Functionality” means features or functionality (other than Existing Product Functionality) that add to meeting the requirements set forth in the first paragraph of this definition. (ii) Notwithstanding subsection (i) above, Wine, OpenXchange, StarOffice and OpenOffice are not subject to such subsection (i), however, the exclusion of such products from such subsection (i) is without implication as to (and shall not affect the determination of) whether such products (or any features or functionality thereof) are Clone Products. Further, the Parties agree that (A) no inference shall be drawn from the reference to the above products in this subsection as to whether such products are Clone Products and (B) this subsection shall not be admitted or referred to in evidence in any dispute regarding an evaluation of whether any of the products referred to in this subsection is a Clone Product.


Another noteworthy aspect is the absence of the word Samba from the agreement, especially when OOO and Wine are specifically singled out. It appears that Microsoft is especially concerned about Wine, even specifically excluding it from the Release section:



4. RELEASES 4.1 Parties and Subsidiaries. The parties, on behalf of themselves and their Subsidiaries, irrevocably release each other and their respective present Subsidiaries from any liability for Patent infringement (including any infringement by Excluded Products) arising prior to the Effective Date, provided the foregoing release does not apply to any other parties, including the parties’ respective Distributors and Customers. 4.2 Customers and Distributors. The parties, on behalf of themselves and their Subsidiaries, irrevocably release the direct and indirect Distributors of the Parties from any liability for Patent infringement arising on account of using, importing, offering for sale, selling, licensing, supplying, distributing, otherwise making available, or promoting the commercialization of the Parties’ products and services (including Excluded Products) prior to the Effective Date, provided the foregoing release does not apply to Wine or to any product for which such other Party did not receive Revenue directly or indirectly. The parties, on behalf of themselves and their Subsidiaries, also irrevocably release the respective direct and indirect Customers of the other Party from any liability for Patent infringement arising on account of using the Parties’ products and services (including Excluded Products) obtained prior to the Effective Date, provided the foregoing release does not apply to Wine or to any product for which such other Party did not receive Revenue directly or indirectly.


Groklaw's discussion includes quite a few attempts at deciphering the redacted portions, some sections provide more context than the Exhibit C listed above. There is hope for transparency, however, since the parties have only stipulated to keep the details confidential until November 1, 2016. And, if they both use Microsoft's OOXML to store the agreement, perhaps we can get to it in 2012.

Recent Techrights' Posts

Fantastic Journalism by Brian Fagioli
A lot of today's Web, even "news" sites, is spam
The Free Software Foundation (FSF) Has Raised More Than Three Times More Money Than the Software Freedom Conservancy (SFC), Which Mostly Gets Money From Corporations, Including Microsoft
Do not donate any money to copycat organisations. It's worse than money down the river because your money might get spent attacking and even defaming the originals.
 
[Meme] Shooting the Messenger
"you needn't refute the message, just take out the messengers"
Software Freedom Conservancy (SFC) Associate Sued Us for Publishing Perfectly Accurate Article About SFC; We Sued Them for Harassment
SFC and its associates aren't nice people
Techrights Does Not Forget
Techrights has many anti-censorship mechanisms
Windows Has Fallen to All-Time Low in India
In India, only about 1 in 8 Web requests comes from Windows
Microsoft Criminals: Law Enforcement is the Real Problem
deflecting the issue and resorting to projection
[Meme] They Dropped the L (Libre and Law)
SFLC, could I borrow 75% of your letters?
Companies That the Software Freedom Conservancy (SFC) Will Censor the Community for, Using Their Very Large CoC
also exploiting poor (and sexually abused) women from eastern Europe
Software Freedom Conservancy (SFC) Has Asked a Blogger to Delete This Page About the SFC, So We Reproduce It in Full Here
Censored article
Increasing Productivity With Less Hardware, Little Power, and Fewer CPU Cycles (and Far Less Digital Waste in General)
A lot of people who glance at our PCs (as they visit us) act a bit baffled, as much of what we're using is a bunch of terminals and some text editors
Gemini Protocol Keeps Getting Better (Less and Less Reliance on Centralised Certificate Authorities)
Reliable systems do not depend on third parties, only themselves
Why We Moved to Perl and Dumped PHP Last Year
Elongating the lifetime of the underlying stack
Links 05/12/2024: Explaining the South Korea Chaos and French PM Barnier's Government Already Disintegrating
Links for the day
Gemini Links 05/12/2024: Domain Changes, Griping With Haskell
Links for the day
Links 05/12/2024: Mass Layoffs at Microsoft's PR (Bribery of Media) Agency, UnitedHealthcare CEO Shot Dead
Links for the day
GNU/Linux news for the past day
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 04, 2024
IRC logs for Wednesday, December 04, 2024
Links 05/12/2024: Formaldehyde and Cancer, US and China Boycotting One Another
Links for the day
Gemini Links 05/12/2024: Hermeticism, Living in the Shell, and More
Links for the day
At the OSI, Microsoft Operative (Funded by Microsoft) Promotes Proprietary Software of Microsoft
The OSI is deeply corrupt. The good news is, it's barely hiding it anymore.
It's FOSS? No, It's SPAM.
Another sellout
Links 04/12/2024: Social Control Media Thoughts, Enrons of 2024, and More
Links for the day
Gemini Links 04/12/2024: Soviet Esotericism, Mikrotik is Awesome, and More
Links for the day
Techrights is Officially an Adult
this site's eighteenth anniversary
Technology: rights or responsibilities? - Part IX
By Dr. Andy Farnell
Many Geeks' Achilles Heel: They Don't Take Computer Breaks
Life can get longer if you stay healthy
[Meme] Silicon Valley's "Successful Businessmen"
Debt is not a currency
Visualising About 0.7 Trillion Dollars of Debt in Supposedly "Successful" Tech Companies
If they're doing so well, how come they borrow so much money (which some would struggle to pay back or never manage to pay back)?
Single-Digit Microsoft: Windows Finally Falls Below 10% in Angola
it's only a matter of time before Windows is down to 5%
Coming Up With Topics to Cover and Issues to Comment on
Socialising is a big part of it
In Asia, Microsoft's Bing Became Smaller Than Yandex and It Shrinks Every Month
How long before Microsoft pulls the plug on Bing?
[Meme] Far From What Was Originally Intended
Makes site about RMS; Deletes his own 'site'
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 03, 2024
IRC logs for Tuesday, December 03, 2024
Illuminating Microsoft's Dirty Tactics
Criticising illegal things that Microsoft does can be classified as "Microsoft bashing" or "hatred"
Proof That Drew DeVault Vanished From Mastodon After the RMS Attack Site Was Linked to Him (and People Pointed Out DeVault's Fascination With Animated CP, Drawings of Naked Kids)
We assume he just wanted to vanish from Mastodon
Maybe Bill Gates is Getting Demented Like His Late Father (He Says Things That Are True But He's Not Supposed to Say in Public)
It happened in a podcast with Reid Hoffman
We've Clearly Struck a Nerve
Microsofters and Microsoft proxies have meanwhile lost their temper
The Userbase of GNU/Linux is Growing, Investments in the FSF Grow Too (in Spite of Microsofters Inciting and Slandering It)
The FSF's expenses are close to 2 million dollars a year
Links 03/12/2024: Pat Gelsinger's Firing Spun as 'Retirement', US Exports Land Mines
Links for the day
Links 03/12/2024: GrapheneOS, Raspberry Pi 4, and More
Links for the day
Links 03/12/2024: Googlebombing "Windows 12", Games Preservation, and Public Domain Game Jam
Links for the day
Steven J. Vaughan-Nichols (SJVN) 'Works' for Linux Foundation (LF) on SPAM Campaigns, Just Like Spamnil's TFiR (Swapnil Bhartiya)
How can he publish something like this under his name?
Microsoft's Debt Ratio is Awful
It owes almost 150% of what it can give
Microsoft Has Already Laid Off Tens of Thousands of Workers, "Headcount" is Misleading Spin From Microsoft-Funded Sites
Expect Microsoft to suck up to Trump, looking for more bailouts (those typically manifest themselves in the form of "defence" contracts)
South America: GNU/Linux Grew to 8.15% Venezuela, Steadily Over 3% Overall
holding steady above 3%
Clownflare (Cloudflare) Debt Grows, Losses Continue
debt of nearly $400,000 per employee
Gemini Links 03/12/2024: December Adventure and Social Justice Gone Wild
Links for the day
Microsoft Windows Falls to 12.5% in Cuba, Android Soaring
Windows isn't even doing too well on desktops/laptops
[Meme] GAGAM: Google, Apple, Gulag, Amazon, Microsoft, and the Rest
The Web has never been more dangerous and hostile
ChromeOS Isn't Freedom, But It's Killing Microsoft's Ability to Profit From Windows
ChromeOS has shot up to 22% in Sweden
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 02, 2024
IRC logs for Monday, December 02, 2024
The L Word (Not Linux)
Championing Software Freedom is "dangerous"
Did IBM Layoffs Stop? Ask Dr. Krishna, The 'Genius' of IBM...
Trust AK to solve all the problems of IBM by creating bigger problems
It's Easy to Snyk in Marketing SPAM (and FUD) Into BetaNews
The latest marketing piece (disguised as information, not shameless self-promotion)
[Meme] Sportwashing vs Code of Censorship (CoC)
Expectation of censorship (censor for me... or else!)
GNU/Linux at 4% in Algeria
So it more than doubled since last year
With 4 Weeks to Go (Before the End of 2024) the FSF Has Already Raised Close to 100,000 Dollars
The FSF must be doing something right
"Linux on the Desktop" (Less Than a Third of Web-connected Computers Still a Desktop or Laptop)
It's like we're chasing a goal that's 2 or 3 decades in the past
[Meme] The Failure of Microsoft Rebranding Campaigns
market share down, costs soared, back to basics
2 Years Have Passed Since ChatGPT Vapourware and Bing Gained Nothing, Yandex is About to Overtake Microsoft in Search
A cause for concern at Microsoft?
GNU/Linux Rises to 4% in Ireland, ChromeOS Grows and Android Takes Windows' Lunch
Windows down to 22%
[Meme] Meanwhile at Intel (Where the CEO Got the Boot)
Well, if taxpayers pay to save Intel, then Intel should be publicly owned (by those taxpayers)