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Publication of the Microsoft Agreements

May 31, 2007, 13:30 (1 Talkback[s])
(Other stories by Bruce Lowry)

"A number of articles about the filings indicate incorrectly that we are excluding OpenOffice from the covenant not to sue under the patent cooperation agreement. That's not the case. This confusion likely stems from language in the agreements around a 'grandfather clause' for certain products. The covenants Microsoft and Novell make to each other's customers relate to 'Covered Products.' Some products with certain characteristics--known as 'Excluded Products'--do not qualify as Covered Products, and thus are not covered by these covenants. Certain products available before November 2, 2006, however, are automatically covered under these covenants, regardless of whether or not they have the characteristics of an 'Excluded Product.' The reference in the patent cooperation agreement to OpenOffice simply means that it does not qualify for this automatic coverage. It does not mean it is not covered by the covenants..."

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