Novell publishes Microsoft Linux deal terms

Novell has published details of its landmark November 2006 partnership agreements with Microsoft.

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Novell has published details of its landmark November 2006 partnership agreements with Microsoft.

Redacted versions of the three agreements it signed with Microsoft were presented in its annual filings to the US Securities and Exchange Commission, which provided the public with its first detailed look into a deal that some see as critical to the future of Linux. The filing had been delayed by an internal stock options review at Novell, which was concluded Wednesday.

Under the terms of the agreements, Microsoft will spend hundreds of millions of dollars on licensing fees and sales and marketing costs over five years, including $240m (£120m) for SUSE Linux Enterprise Server subscription certificates. For its part, Novell has agreed to pay Microsoft a percentage of revenue from open-source products.

Linux advocates are expected to scour the documents for signs of how the agreement may affect Linux and whether anything in it will put Microsoft or Novell in potential violation of the upcoming version 3 of the GNU General Public license (GPL). The GPL is used in licensing many components of the Linux operating system.

Open-source advocate Bruce Perens said he would be looking to see exactly what Novell was given through the deal and whether there is any requirement for the Linux vendor to defend Microsoft's patent claims. "What I'm actually looking for is, to what extent was there a violation of faith?" he said.

Microsoft has claimed that Linux violates more than 235 of its patents, and because the deal offers patent protection to Novell users, it is seen as potentially driving a wedge in the Linux community. "Novell had a choice here, and Novell's choice was to be in the same boat with the rest of the free software community, or not," Perens said.

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