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

IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back
A Lot Less GAFAM in Scandinavia
Are they reacting to geopolitics and risks from the US?
IBM Kills Companies It Bought (Neudesic Seems Like Latest Casualty)
Why isn't even a single publisher investigating those things?
Fake "Linux" Articles
Just because some platform has "Linux" in the domain name and/or site name does not imply that it is a news/Linux site
Gemini Links 31/01/2026: "Proof Without Content" and "Technology Connections"
Links for the day
Links 31/01/2026: Microsoft "OpenAI Representatives Are Going to Critics’ Houses With Threats and Demands", Its Proprietary Chaffbot Faces More Lawsuits
Links for the day
Links 31/01/2026: "Introducing Encrypt It Already" and "Huge Cache of Epstein"
Links for the day
A Can of WORMS - Part I - Trying to Throw RMS Under the Bus at MIT and Everywhere Else
This series won't give air to online 'trolls'
Mobbing at the European Patent Office (EPO) - Part I - An Introduction
When the series ends, some time around the second or third EPO strike of this year, we'll contact the relevant authorities and plead for intervention
The Solicitors Regulation Authority (SRA) Delusion - Part I - Who Regulates This Regulator? (Only Itself!)
We won't self-censor or prematurely terminate this series
Norway Almost Trusts Russia More Than the Bill Gates (Sleeping With Young Russian Girls) Company, Microsoft
Microsoft represents crime
Riddle Us This... (Jim Zemlin and Bill Gates)
Do these people even understand the literal meaning of "safe space"?
Is "Nobel Prize for Peace" a Sick Person's 'Code Word' for Gangbanging Now? Ask Bill Gates.
Watch all the Gates apologists getting all silenced/silent
BBC Gaslights Women Sexually Exploited (Many Under Legal Age) for Its Rich Sponsor, Bill Epsteingate (Gates)
Is this a national broadcaster or a propaganda tool "For Rent"?
Microsoft 'Open' 'AI' Reportedly About to Become Bankrupt, Seeking Emergency Cash Infusion (Loans)
the money promised to Microsoft 'Open' 'AI' failed to arrive
Gemini Links 31/01/2026: Deep Ice and Slide Rules
Links for the day
Writing About Abuse
Never ever allow misogynists to get their way if you strive to live in a decent society
MIT DEDP MicroMasters online learner's blog post about cover-up linked to resignation of Swiss financial regulator
Reprinted with permission from Daniel Pocock
Salary Erosion Procedure (SAP) as the Primary Reason for EPO Strikes
They focus on financials, as the corruption aspects are un-sayable or unspeakable, except in private
IBM Bluewashing: Feels Like IBM is Scuttling Neudesic (and Some of Red Hat)
We recently saw some Red Hat staff joining a Microsoft proxy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 30, 2026
IRC logs for Friday, January 30, 2026
Microsoft Stock Collapsing Due to the Slop Bubble and Microsoft is Hiding Budget 'Black Holes'
Microsoft does not perform like it tells "the media" and "the market"