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Open Invention Network Comments the Microsoft-Novell Deal

Jerry Rosenthal, chief executive officer of Open Invention Network, has issued the following statement related to Microsoft-Novell Deal: "Numerous organizations have sought OIN's opinion of the recent agreement between Microsoft and Novell. We are referring to the recent announcement regarding Novell and Microsoft's collaboration; ostensibly to make it easier for Novell's version of Linux to operate with Windows in corporate data centers.

"We at OIN believe that the openness and collaborative culture of the Linux community is an engine for innovation. It is clear that there is significant value in Linux community members' intellectual property and patents. Hearing Microsoft agree that Linux is a major force in the information technology industry is welcome news. Many IT customers and software programmers have recognized that Linux is a first-rate computer operating system with performance, stability and cost-of-ownership that compares well with all its competitors, including Microsoft's own offerings.

"Customers can only benefit from greater interoperability between Linux and Microsoft products. In fact, interoperability has long been a known requirement, and is a key driver behind Linux. Unfortunately, embedded in Microsoft's recent endorsement of Linux are claims regarding customers' needing protection from patent attack. Those claims are baseless. In fact, there have been no patent suits against Linux. While patent disputes are not unheard of between and among software developers and distributors, they are almost always resolved between these commercial entities - not by dragging in end-user customers. Isn't the real issue the fact that Microsoft is making such a threat against its own customers?

"OIN continues to support the Linux community's ability to collaborate and innovate. Through the accumulation of patents that may be used to shield the Linux environment, including users of Linux software, OIN has obviated the need for offers of protection from others. In less than a year, OIN has accumulated more than 100 strategic, worldwide patents and patent applications that span Web / Internet, e-commerce, mobile and communications technologies. These patents are available to all as part of the patent commons that OIN is creating around, and in support of Linux. We stand ready to leverage our IP portfolio to maintain the open patent environment OIN has helped create."



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