December 2, 2005
IPR Policies 101: What does the MS Covenant Mean?
Andy Updegrove writes "Sun's Simon Phipps offered six observations on his blog a few days ago that were critical of Microsoft's XML Reference Schema covenant not to sue. I've addressed each of them from the legal perspective, and predicted how I think a jury would come out on each one, if Microsoft were to sue a developer that relied on the covenant to build a product. The final score comes out Developers 3, Microsoft 3. The problem is, it needs to be a clean sweep for the developer, or he still loses."