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Intellectual Property Law

: Groklaw

About Those 882 Novell Patents: This is Where OIN Comes In - Updated

By Pamela Jones et al.

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I have some important news for you. It's about those 882 Novell patents that are being sold to a Microsoft-organized consortium in connection with the sale of Novell to Attachmate. I've been worrying about those patents, and I was wondering what happens to Novell's license to the Open Invention Network after the sale. So I took the time to find out. And it's very good news.

Here's how it works. The patents of OIN members and licensees are licensed to each other royalty-free in perpetuity. Even on a sale, the license remains in force for all pre-existing members/licensees. If you are a member/licensee of OIN prior to the closing on the Novell deal, then, you are covered. The proposed closing date is January 23rd, so you still have time to join OIN and get the benefit of the license to those patents. Then, if Microsoft shows up at your door, you can say, "Thanks, but no thanks. I already have a license." So here's what it all adds up to, by my reading: if ever you were thinking of joining the Open Invention Network, this is the sensible time to do it, as long as you get it done before this sale closes and that door shuts with respect to the Novell patents.

[ Update: Here's the license page so you can read the agreement, see who is already a licensee, and find a better contact email, license@openinventionnetwork.com. Here's the Linux Definitions page.]

Full post as published by Groklaw on December 06, 2010 (boomark / email).

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