At Microsoft we undertook our own analysis of our patent portfolio and concluded that it was necessary and important to create a patent covenant for customers of these products. We are gratified that such a solution is now in place.
For the avoidance of doubt, the "received Revenue" requirement above is deemed satisfied with respect to such Customer receiving from Novell a free update to a component of a specific copy of a Covered Product for which Novell has previously received Revenue, but is not satisfied with respect to such Customer receiving a free upgrade or a new version of such specific copy unless Novell has received Revenue directly or indirectly for such upgrade or new version.
For specific copies of Covered Products distributed by Novell for Revenue before the end of the Term, the foregoing covenant shall apply as to all Covered Patents, including Captured Patents. For specific copies of Covered Products distributed by Novell for Revenue after the end of the Term, the foregoing covenant shall apply only as to Captured Patents.
In any case, the covenant granted pursuant to this paragraph shall expire as to such customers and developers one-hundred eighty days from distribution to such customers and developers. Microsoft reserves the right to update including discontinue the foregoing covenant pursuant to the terms of the Patent Cooperation Agreement between Novell and Microsoft that was publicly announced on November 2, ; however, the covenant as set forth above will continue as to specific copies of Covered Products distributed by Novell for Revenue before such update.
Entities or individuals are not Customers when they 1 resell, license, supply, distribute or otherwise make available to third parties such specific copy or additional copies of the Covered Product or, for purposes of Sections 4. Revenue includes without limitation a consideration for any i sale or license of Covered Products or the sale or license of the services of Covered Products, ii warranties, indemnification or updates for Covered Products, iii maintenance, upgrades, upgrade protection, service, premium service packages, subscription, consulting, installation and support contracts for Covered Products, iv user or device access rights to Covered Products, and v hosting by a Party of Covered Products for the benefit of third parties, and b for purposes of Sections 1.
For purposes of clarification of subsection a of this Section 1. 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.
The two companies will create a joint research facility at which Microsoft and Novell technical experts will architect and test new software solutions and work with customers and the community to build and support these technologies. The agreement between Microsoft and Novell focuses on three technical areas that provide important value and choice to the market:.
Virtualization is one of the most important trends in the industry. Customers tell us that virtualization is one way they can consolidate and more easily manage rapidly growing server workloads and their large set of server applications. Microsoft and Novell will jointly develop the most compelling virtualization offering in the market for Linux and Windows. Web Services and service oriented architectures continue to be one of the defining ways software companies can deliver greater value to customers.
Microsoft and Novell have been focusing on ways to improve interoperability between office productivity applications. The two companies will now work together on ways for OpenOffice and Microsoft Office users to best share documents and both will take steps to make translators available to improve interoperability between Open XML and OpenDocument Formats. Microsoft and Novell agreements Novell and Microsoft have announced a historic bridging of the divide between open source and proprietary software.
Learn more about Technology Licensing. Expand all Collapse all. Bell Canada "This agreement is a positive example of how companies with different business models and approaches to intellectual property can work together.
Allen, CEO, Bitstream Ingram Micro North America "This collaboration of open source and proprietary software is a win-win for the IT industry and our customers because it provides greater choice when developing comprehensive solutions. Reservation of Rights Microsoft reserves the right to terminate and revoke this pledge to You, as of the date granted, if You or an entity that You control asserts a patent infringement claim against a Microsoft product, service or technology.
Reservation of Rights Microsoft further reserves the right to prospectively update and revise the terms of this pledge, for example to accommodate applicable laws, rules, orders or regulations. Definitions of capitalized terms used above may be found below. Definitions " Applications Programming Interfaces " means a set of one or more routines or interfaces provided by a software program including an operating system, middleware or other software application that are used to invoke or direct functions or services of such software program for use by other software programs.
For purposes of clarification, Existing Product Functionality may be considered in determining whether a new version of an Existing Product or major component thereof meets the requirements set forth in the first paragraph of this definition, provided that, even if the new version or major component thereof meets such requirements, A only the Clone Product Functionality will be deemed a Clone Product and B the Existing Product Functionality will not be deemed a Clone Product.
Further, no inference shall be drawn from the reference to the above products in this subsection as to whether such products are Clone Products, and this subsection ii and subsection i shall not be admitted or referred to in evidence in any dispute regarding whether any of the products referred to in this subsection is a Clone Product.
Covered Patents do not include Extendible Third " Covered Product " means those portions of a product that meet the requirements of a Certificate and are supported by Novell except for Clone Products and Other Excluded Products. The collaboration has multiple pieces: Patent coverage The concern over potential patent infringements makes some people nervous about the deployment of open source technologies.
What it really means is that customers deploying technologies from Novell and Microsoft no longer have to fear about possible lawsuits or potential patent infringement from either company. Virtualization Microsoft and Novell will collaborate in enhancing and developing the functionality required to efficiently virtualize Windows on Linux and Linux on Windows. Both will now be first class citizens in data centers, addressing the needs of mixed environments. They will both enjoy optimized, supported and tuned device drivers to maximize their potential.
Virtualization Management As a plus, the companies will work together to implement the necessary standards to manage data centers that run mixed environments WS-Management. Novell will develop tools to manage virtualized Windows machines, and Microsoft will develop tools to manage virtualized Linux systems.
Office Open XML Novell engineers have been working for the last year together with Microsoft engineers through the ECMA TC45 working group in producing a complete specification that would allow for interoperability across office suites.
Collaboration Framework One of the most important components of the collaboration agreement today is that we have setup a framework between Novell and Microsoft to discuss future collaborations. Today's announcement marks the beginning of a new era, and should not be considered a limitation. With the collaboration framework in place, we will periodically evaluate areas where we can work together improving the interoperability of our products.
Which of the following retains the information it's storing when the system power is turned off? Submit ». Ghost Chili. NiKopka This person is a verified professional. Verify your account to enable IT peers to see that you are a professional.
Following, as I'm in the same damn boat. C-levels are scared of the price tag associated with the migration, but I'm putting together a migration plan for when we can finally talk them into it. PatrickFarrell This person is a verified professional. Edited Jun 27, at UTC. PatrickFarrell wrote: I don't know why people feel Novell is a Dirty word. Pretty much this. Pure Capsaicin. Robert Jun 27, at UTC. I wouldn't "migrate" anything. I'll take directory with partitions over multiple domains any day.
How many users? Are you migrating off Groupwise email as well? Scott Jun 27, at UTC. I was in a similar boat for a school district last year. I built domain controllers first and made all of the DNS records. Be careful, there are quite a few custom DHCP options that need set and users will notice if you mess up.
This step is necessary to complete before joining computers to the windows domain I then setup file servers with empty file shares, GPOs to Map file shares and security groups. I got it to the point that when I added a user in a file share security group, they would have access to all of the file shares once I migrated files.
I then got a few helpers to go around with a user profile migration tool. The tool joined computers to the domain, and changes the security identifiers on their local user account to match the AD security identified.
When users logged in, they saw all of their files, shortcuts and exact user profile settings. If you are running groupwise, you may want to hire a company to migrate email from groupwise to office or gmail because this was a long and cumbersome task. All of the work was exhausting but has made my life a million times easier since. Please let me know if you have any questions. Scott Jun 28, at UTC. For the user profile migration, I used userprofwiz.
It joined the computer to the domain, changed the local user security identifier to match the new AD account security identifier. Everything in the user account from files to shortcuts and user profile settings migrated. This tool made the migration very easy. The process takes about 30 minutes from start to finish but I was able to do multiple computers at once to speed up the overall time of the task.
Craig This person is a verified professional. Scott wrote: For the user profile migration, I used userprofwiz. Seriously consider Forensit's User Profile Wizard for this aspect of the migration, if you need to migrate profiles. Good tool, and licensing costs are actually reasonable.
That tells you as much as you need to know about their judgment, assuming the crash of the housing market, fleecing of investors and instant recovery-with-bonuses at the beginning of a three-year-recession that affected everyone but the Wall Street firms that caused it didn't clue you in already.
That's a lot of patents. It's not exactly clear what they cover, though. One assumes they give Microsoft more clearance from the kind of infringement actions SCO was filing when it briefly switched its main product from Linux to lawsuits, which was partially blunted when a judge ruled Novell owned the patents behind some of the suits.
Or that Microsoft will have more leeway to sue other companies for infringing on intellectual property Microsoft may or may not have owned. Microsoft has been kind of liti - liti - litigious lately , which worries some. It sees Google and Android as a threat , obviously. We can only hope Microsoft develops an unreasonable hatred for Google and applies all its energy to destroying the upstart. Follow him on Twitter KevinFogarty. This story, "Novell is dead and Microsoft has eaten its heart" was originally published by ITworld.
Kevin Fogarty is a reporter, editor, analyst and blogger whose work appears in leading technology and business publications and who focuses on developments in technology, science and medicine that are genuinely useful, truly revolutionary or really, really cool.
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