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Red Hat was not a party to this case. Even so, without a judicial decision, the settlement does not demonstrate that the claims of Microsoft were valid. Patent litigation is a difficult process, and there are many reasons besides the merits of the case that a defendant such as TomTom might have chosen to settle in the present economic environment. As the terms of the settlement license have not, to our knowledge, been made public, it is not possible to comment on their compliance with open source requirements and principles.

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