Worst-Case Scenario or Sure Shot? - More on the Novell-MS Deal
I see a number of journalists have now read the patent peace agreement and the accompanying technical and marketing agreements that Novell filed on Friday with its 10K. And most are noticing that Novell has expressed in its risks section in that annual report that if the GPLv3 does what it currently says, then it could impact the Novell-Microsoft deal:
If the final version of GPLv3 contains terms or conditions that interfere with our agreement with Microsoft or our ability to distribute GPLv3 code, Microsoft may cease to distribute SUSE Linux coupons in order to avoid the extension of its patent covenants to a broader range of GPLv3 software recipients, we may need to modify our relationship with Microsoft under less advantageous terms than our current agreement, or we may be restricted in our ability to include GPLv3 code in our products, any of which could adversely affect our business and our operating results. In such a case, we would likely explore alternatives to remedy the conflict, but there is no assurance that we would be successful in these efforts.
Kevin Murphy in his CBR Online article, Novell outlines GPLv3 worst-case scenario, noticed that this seems discordant with what Novell told him in March:
A Novell spokesperson had told us in late March: "Nothing in this new draft of GPL3 inhibits Novell's ability to include GPL3 technologies in SUSE Linux Enterprise, openSUSE, and other Novell open source offerings, now and in the future."
Obviously, something doesn't match up. Why?
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