[GLLUG] Speaking of SUSE...

Keyes, Randall randall.keyes at jnli.com
Tue Jan 13 09:18:28 EST 2004


FYI.  Interesting notes relating to the "SCO" issue...
 
Deo Favente,
Randy Keyes
randall.keyes at jnli.com <mailto:randall.keyes at jnli.com> 
517-367-3976
 
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From: Novell [mailto:Novell.Nzone at novell.rsc03.com]
Sent: Tuesday, January 13, 2004 6:51 AM
To: RANDALL.KEYES at JNLI.COM
Subject: SUSE LINUX Acquisition Final and New Novell Linux Indemnification
Launched


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January 13, 2004

Attention valued Novell Customers

We are proud to announce that Novell today completed its acquisition of SUSE
LINUX, a combination that brings global technical support, consulting and
training services and industry-leading networking and security to Linux, and
provides a compelling alternative for companies wishing to leverage the many
benefits of open source. Novell now offers a full range of enterprise
solutions on the Linux platform, from the server to the desktop. The closing
of the $210 million cash deal also opens the door for completion of the $50
million investment of IBM in Novell announced November 4.

Novell today also announced it will offer its SUSE LINUX Enterprise Server 8
customers a new indemnification program designed to provide an additional
measure of protection against certain intellectual property challenges to
Linux.

With today's closing of Novell's acquisition of SUSE LINUX and the addition
of the SUSE LINUX distribution to Novell's product offerings, Novell is now
unique among Linux vendors in offering a full stack Linux solution,
providing global technical support for Linux, and, through its new Novell
Linux Indemnification Program, giving enterprise customers additional
reassurance about deploying Linux in their organizations.

Linux and open source solutions have grown rapidly in recent years, moving
from peripheral uses into more business critical functions. As enterprises
consider making strategic investments in Linux, they face the question of
indemnification, a standard component of most traditional proprietary
software offerings but generally unavailable for Linux. Novell's Linux
Indemnification Program will afford qualifying Novell Linux customers a
measure of protection against potential copyright infringement claims.

Novell's Linux Indemnification Program
Novell's indemnification program is designed for enterprise customers of
Linux. Under the program:

*	Indemnification is offered for copyright infringement claims made by
third parties against registered Novell customers who obtain SUSE LINUX
Enterprise Server 8 and who after January 13, 2004 obtain upgrade protection
and a qualifying technical support contract from Novell or a participating
Novell or SUSE LINUX channel partner. 

*	Customers must accept the program terms and conditions including
caps and other limitations. 

Additional details on the program are available at
http://www.novell.com/licensing/indemnity
<http://www.novell.com/licensing/indemnity> .

Novell's Unique Legal Rights
Novell also made available today additional information on the unique
contractual and intellectual property rights it holds because of its
position in the historical ownership chain of UNIX and UnixWare. These
rights include:

*	Novell's rights to license UNIX technology pursuant to a Technology
License Agreement between SCO and Novell, including Novell's right to
authorize its customers to use that UNIX technology in their internal
business operations. 

*	Novell's rights to take action on behalf of SCO under legacy UNIX
SVRX licenses pursuant to the Asset Purchase Agreement between SCO and
Novell. 

*	As previously confirmed by Novell, copyright registrations on UNIX
SVRX releases, consistent with Novell's position that it retained ownership
of these copyrights. 

Copies of relevant correspondence between Novell and SCO are available at
http://www.novell.com/licensing/indemnity/legal.html
<http://www.novell.com/licensing/indemnity/legal.html> . The rights
reflected in these documents are part of the foundation for the
indemnification program Novell is announcing today.

Special Program for Current Linux Users
For those enterprise users of Linux who are not currently Novell SUSE LINUX
customers, Novell will soon announce a special program whereby they can
become Novell SUSE LINUX customers and participate in the indemnification
program.

We believe our new Linux indemnification program, supported by our unique
legal rights, will provide enterprise customers with one more reason to
include Linux in their information technology plans.

 

Sincerely,

Jack Messman
Chairman of the Board and Chief Executive Officer, Novell, Inc.

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