More on the Microsoft-Xandros deal

eWeek delves further into the Microsoft-Xandros deal:

The (intellectual-property) assurance deal comes hot on the heels of the release of the fourth, and final, draft of the GNU General Public License Version 3.0 on May 31, which says that distributors that make discriminatory patent deals after March 28 may not convey software under GPLv3.

But that provision, which was designed in large part to stop similar patent deals to the controversial Microsoft-Novell one, does not stop Novell from distributing software under GPLv3 "because the patent protection they arranged with Microsoft last November can be turned against Microsoft to the community's benefit," Free Software Foundation Executive Director Peter Brown said.

When asked about this, Microsoft's (David) Kaefer (General Manager for IP and Licensing) told eWeek that this was the same legal structure used to clear patents in the Novell deal, and the IP assurances given to Xandros were almost identical to the covenant not to sue that it signed with Novell.

"This agreement was negotiated between the parties based on the current version of the GPL. Both Microsoft and Xandros will be flexible should new market developments require us to adjust. As a design principle we do our best to make certain our agreements comply with the legal obligations on both companies. GPLv3 is not yet finalized and there are probably others better positioned to comment" Kaefer said.