Matthew Woehlke writes:
Rui Miguel Silva Seabra wrote:In a couple of years Microsoft is bought by Fu-Bar Inc and there goes the promise down the drain....if only. The odds of *any* company that might buy out M$ (well, if it isn't started by Gates and/or Ballmer and/or such) being as bad as M$ have got to be pretty high ;-).
If you want legal advice, pay a lawyer. This is not legal advice.Microsoft's statement is what's generally called "covenant not to sue". When someone buys a business, they buy all the business's assets and liabilities. A covenant not to sue is generally considered a liability, and the covenant not to sue does not get to repudiated just by the virtue of the company changing owners.
Having said all that -- I agree that MSFT's promise is not to be given much weight. If MSFT desired to sue someone, I'm sure they'd come up with some way to claim that their cause of action falls outside the scope of this covenant. They have plenty of money to pay lawyers to invent creative arguments, and it will be up to the defendants to prove that MSFT's covenant applies, in their defense. Even better, they'll just get sued for some other reason, like MSFT claiming that they're violating some patent in Windows, and it's just purely by accident, heavens to betsy, that they have a bunch of Mono-based products.
Nothing to see here, move along.
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