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	<title>Comments on: Musings on software licensing</title>
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	<link>http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/</link>
	<description>A weblog by Charles-H. Schulz.</description>
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	<item>
		<title>By: Charles</title>
		<link>http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/comment-page-1/#comment-650</link>
		<dc:creator>Charles</dc:creator>
		<pubDate>Fri, 21 Mar 2008 12:00:44 +0000</pubDate>
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		<description>Gopal,

I am unfortunately not competent to answer your question on StarOffice, as it is a commercial product, and besides, I am not a Sun employee. If you have such question, please ask it to an employee from Sun Microsystems.

Thank you,
Charles.</description>
		<content:encoded><![CDATA[<p>Gopal,</p>
<p>I am unfortunately not competent to answer your question on StarOffice, as it is a commercial product, and besides, I am not a Sun employee. If you have such question, please ask it to an employee from Sun Microsystems.</p>
<p>Thank you,<br />
Charles.</p>
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		<title>By: Gopal</title>
		<link>http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/comment-page-1/#comment-649</link>
		<dc:creator>Gopal</dc:creator>
		<pubDate>Fri, 21 Mar 2008 01:28:44 +0000</pubDate>
		<guid isPermaLink="false">http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/#comment-649</guid>
		<description>My query is about the impact on StarOffice.   Since StarOffice is based on OpenOffice code  will  StarOffice be affected due to the move to LGPLv3.</description>
		<content:encoded><![CDATA[<p>My query is about the impact on StarOffice.   Since StarOffice is based on OpenOffice code  will  StarOffice be affected due to the move to LGPLv3.</p>
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		<title>By: Charles</title>
		<link>http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/comment-page-1/#comment-648</link>
		<dc:creator>Charles</dc:creator>
		<pubDate>Thu, 20 Mar 2008 16:39:36 +0000</pubDate>
		<guid isPermaLink="false">http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/#comment-648</guid>
		<description>There (see below). It essentially says, &quot;OOo is not covered by the agreement but StarOffice is&quot;. OOo users are not at peace with MS, which incidentally makes the whole deal the opposite of what Novell did, but at the same time this complete lack of protection is a gift: OOo&#039;s IP is not tied with MS agreements, so LGPL is higly relevant in this case.

&quot;. PROVISIONS RELATING TO OPEN OFFICE
 
1. Notwithstanding the other provisions of this Agreement, with respect solely to the product developed by Sun and generally known as Open Office, the Covenants of Section II above and the Releases of Section III above shall apply fully to Sun but shall not apply to Authorized Licensees of Open Office or any other third party. Accordingly, Microsoft shall not be foreclosed by this Agreement from seeking damages from Authorized Licensees of Open Office for copies of Open Office made or acquired prior to the Effective Date of this Agreement. Nor shall Microsoft be foreclosed from seeking any damages from Sun, its Affiliates, Authorized Licensees or any third party for any copies of Open Office made or deployed by a User after the Effective Date.
 
2. In the event that Microsoft elects to sue or otherwise seek recovery from an Authorized Licensee of Open Office for copies thereof that were made and deployed by a User prior to the Effective Date of this Agreement (“Deployed Copies”), upon request, Microsoft agrees to promptly reimburse Sun for any
Sun and Microsoft Confidential
 
Reimbursable Damages. Sun shall promptly notify Microsoft of any Claim, shall provide Microsoft with the opportunity to take control over and responsibility for the defense and/or settlement of such Claim, and shall reasonably cooperate with Microsoft in litigating the defense of such Claim, including in all discovery and trial preparation efforts. Microsoft will not have any obligation to reimburse Reimbursable Damages unless Sun abides by the foregoing requirements. Microsoft shall also be relieved of its obligation to reimburse Reimbursable Damages if Sun breaches any warranty in Section VII.4. As a condition to accepting control and responsibility for such defense, Microsoft shall acknowledge in writing that such third party claim constitutes a “Claim” and, as such, would give rise to Reimbursable Damages if determined adversely. In the event that Microsoft accepts control and responsibility for such defense, Sun shall be entitled to participate in such defense at its own cost. “Claim” means any claim that Sun is liable to indemnify or otherwise reimburse any Authorized Licensee or third party for damages it has been ordered to pay by final judgment or settlement arising from a claim asserted by Microsoft against such Authorized Licensee or third party that any Deployed Copy of Open Office infringes any patent of Microsoft. “Reimbursable Damages” means the amount of any adverse final judgment awarded by a court of competent jurisdiction, or Microsoft approved settlement, against Sun that is based on the Claim.&quot;</description>
		<content:encoded><![CDATA[<p>There (see below). It essentially says, &#8220;OOo is not covered by the agreement but StarOffice is&#8221;. OOo users are not at peace with MS, which incidentally makes the whole deal the opposite of what Novell did, but at the same time this complete lack of protection is a gift: OOo&#8217;s IP is not tied with MS agreements, so LGPL is higly relevant in this case.</p>
<p>&#8220;. PROVISIONS RELATING TO OPEN OFFICE</p>
<p>1. Notwithstanding the other provisions of this Agreement, with respect solely to the product developed by Sun and generally known as Open Office, the Covenants of Section II above and the Releases of Section III above shall apply fully to Sun but shall not apply to Authorized Licensees of Open Office or any other third party. Accordingly, Microsoft shall not be foreclosed by this Agreement from seeking damages from Authorized Licensees of Open Office for copies of Open Office made or acquired prior to the Effective Date of this Agreement. Nor shall Microsoft be foreclosed from seeking any damages from Sun, its Affiliates, Authorized Licensees or any third party for any copies of Open Office made or deployed by a User after the Effective Date.</p>
<p>2. In the event that Microsoft elects to sue or otherwise seek recovery from an Authorized Licensee of Open Office for copies thereof that were made and deployed by a User prior to the Effective Date of this Agreement (“Deployed Copies”), upon request, Microsoft agrees to promptly reimburse Sun for any<br />
Sun and Microsoft Confidential</p>
<p>Reimbursable Damages. Sun shall promptly notify Microsoft of any Claim, shall provide Microsoft with the opportunity to take control over and responsibility for the defense and/or settlement of such Claim, and shall reasonably cooperate with Microsoft in litigating the defense of such Claim, including in all discovery and trial preparation efforts. Microsoft will not have any obligation to reimburse Reimbursable Damages unless Sun abides by the foregoing requirements. Microsoft shall also be relieved of its obligation to reimburse Reimbursable Damages if Sun breaches any warranty in Section VII.4. As a condition to accepting control and responsibility for such defense, Microsoft shall acknowledge in writing that such third party claim constitutes a “Claim” and, as such, would give rise to Reimbursable Damages if determined adversely. In the event that Microsoft accepts control and responsibility for such defense, Sun shall be entitled to participate in such defense at its own cost. “Claim” means any claim that Sun is liable to indemnify or otherwise reimburse any Authorized Licensee or third party for damages it has been ordered to pay by final judgment or settlement arising from a claim asserted by Microsoft against such Authorized Licensee or third party that any Deployed Copy of Open Office infringes any patent of Microsoft. “Reimbursable Damages” means the amount of any adverse final judgment awarded by a court of competent jurisdiction, or Microsoft approved settlement, against Sun that is based on the Claim.&#8221;</p>
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		<title>By: Gopal</title>
		<link>http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/comment-page-1/#comment-647</link>
		<dc:creator>Gopal</dc:creator>
		<pubDate>Thu, 20 Mar 2008 16:34:33 +0000</pubDate>
		<guid isPermaLink="false">http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/#comment-647</guid>
		<description>Well, here is the Sun-MS agreement of 2004
http://www.sec.gov/Archives/edgar/data/709519/000119312504155723/dex10109.htm

See if you can get something out of this.</description>
		<content:encoded><![CDATA[<p>Well, here is the Sun-MS agreement of 2004<br />
<a href="http://www.sec.gov/Archives/edgar/data/709519/000119312504155723/dex10109.htm" rel="nofollow">http://www.sec.gov/Archives/edgar/data/709519/000119312504155723/dex10109.htm</a></p>
<p>See if you can get something out of this.</p>
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		<title>By: Charles</title>
		<link>http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/comment-page-1/#comment-646</link>
		<dc:creator>Charles</dc:creator>
		<pubDate>Thu, 20 Mar 2008 16:28:21 +0000</pubDate>
		<guid isPermaLink="false">http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/#comment-646</guid>
		<description>At Gopal:

Good question: But I think we should know more about the Sun agreement with MS at first to get clear picture. In purely legal theory (but that&#039;s a bit naive) if OOo is under LGPL v 3 then it is independant of StarOffice. Besides, it could be argued that at the time of the agreement the two had still slightly different code bases. Definitely something to follow-up!</description>
		<content:encoded><![CDATA[<p>At Gopal:</p>
<p>Good question: But I think we should know more about the Sun agreement with MS at first to get clear picture. In purely legal theory (but that&#8217;s a bit naive) if OOo is under LGPL v 3 then it is independant of StarOffice. Besides, it could be argued that at the time of the agreement the two had still slightly different code bases. Definitely something to follow-up!</p>
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		<title>By: Gopal</title>
		<link>http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/comment-page-1/#comment-645</link>
		<dc:creator>Gopal</dc:creator>
		<pubDate>Thu, 20 Mar 2008 16:22:52 +0000</pubDate>
		<guid isPermaLink="false">http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/#comment-645</guid>
		<description>When OOo3.0 moves to LGPv3 what happens to StarOffice  which is protected by the patent covenant agreement of 2004 betn Sun and MS.   As I understand OpenOffice and StarOffice share the same code base  so will MS pull out of the agreement ?</description>
		<content:encoded><![CDATA[<p>When OOo3.0 moves to LGPv3 what happens to StarOffice  which is protected by the patent covenant agreement of 2004 betn Sun and MS.   As I understand OpenOffice and StarOffice share the same code base  so will MS pull out of the agreement ?</p>
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		<title>By: Andrea</title>
		<link>http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/comment-page-1/#comment-639</link>
		<dc:creator>Andrea</dc:creator>
		<pubDate>Fri, 14 Mar 2008 13:31:51 +0000</pubDate>
		<guid isPermaLink="false">http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/#comment-639</guid>
		<description>&quot;As soon as the core libraries and the compiler used to compile the kernel (GCC) move to the new version of the licence, the entire set of packages will have to move as well because of the dependency system.&quot;

Well, no. The domino effect, if any, is much smaller than you describe: GCC could move to GPLv3 without any effect on other packages. Relevant clauses are &quot;mere aggregation&quot; for Linux distributions and the basic definition of &quot;covered work&quot; in point 2 of http://www.gnu.org/licenses/gpl-3.0.html for the kernel.</description>
		<content:encoded><![CDATA[<p>&#8220;As soon as the core libraries and the compiler used to compile the kernel (GCC) move to the new version of the licence, the entire set of packages will have to move as well because of the dependency system.&#8221;</p>
<p>Well, no. The domino effect, if any, is much smaller than you describe: GCC could move to GPLv3 without any effect on other packages. Relevant clauses are &#8220;mere aggregation&#8221; for Linux distributions and the basic definition of &#8220;covered work&#8221; in point 2 of <a href="http://www.gnu.org/licenses/gpl-3.0.html" rel="nofollow">http://www.gnu.org/licenses/gpl-3.0.html</a> for the kernel.</p>
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		<title>By: Boycott Novell &#187; Is OpenOffice.org Leaving Novell and Linspire Further Behind the GNU/Linux Leaders?</title>
		<link>http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/comment-page-1/#comment-631</link>
		<dc:creator>Boycott Novell &#187; Is OpenOffice.org Leaving Novell and Linspire Further Behind the GNU/Linux Leaders?</dc:creator>
		<pubDate>Tue, 11 Mar 2008 09:06:02 +0000</pubDate>
		<guid isPermaLink="false">http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/#comment-631</guid>
		<description>[...] elsewhere, we begin to find legal interpretation which explains the impact on Novell.  These news does of course upset Novell, as it is one more move against their brilliant scheme of [...]</description>
		<content:encoded><![CDATA[<p>[...] elsewhere, we begin to find legal interpretation which explains the impact on Novell.  These news does of course upset Novell, as it is one more move against their brilliant scheme of [...]</p>
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		<title>By: mysoftwareonline.com &#187; Musings on software licensing</title>
		<link>http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/comment-page-1/#comment-628</link>
		<dc:creator>mysoftwareonline.com &#187; Musings on software licensing</dc:creator>
		<pubDate>Mon, 10 Mar 2008 16:53:35 +0000</pubDate>
		<guid isPermaLink="false">http://standardsandfreedom.net/index.php/2008/03/10/musings-on-software-licensing/#comment-628</guid>
		<description>[...] post by Charles   Share and Enjoy: These icons link to social bookmarking sites where readers can share and [...]</description>
		<content:encoded><![CDATA[<p>[...] post by Charles   Share and Enjoy: These icons link to social bookmarking sites where readers can share and [...]</p>
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