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Nokia To Allow Open Source Developers To Use Patented Technology

by Glen Shapiro, LawAndTax-News.com, New York

27 May 2005

Mobile phone firm, Nokia announced on Wednesday that it would be joining the ranks of technology firms such as Red Hat, IBM, Sun Microsystems and Novell, in allowing open source developers free access to its patented technology.

In a statement released announcing the decision, Nokia explained that it "believes that the investment made by so many individuals and companies in creating and developing the Linux Kernel and other open source software deserves a framework of certainty".

In the legally-binding Patent Statement published to its website on Wednesday, the firm announced that:

"Nokia hereby commits not to assert any of its Patents (as defined herein below) against any Linux Kernel (as defined herein below) existing as of 25 May 2005. The aforesaid non-assertion shall extend to any future Linux Kernel to the extent that Nokia does not declare any new functionality embodied in such Linux Kernel to be outside the scope of this Patent Statement. Nokia shall issue such declaration through its website no later than one hundred and twenty (120) days after the official release of such Linux Kernel."

"Both of the aforesaid non-assertion commitments are subject to the condition that the party relying on any such commitment and its Affiliates do not assert any of their patents, or patents they control or have a third party assert any patent, against any Linux Kernel."

"Nokia's Patent Statement is not an assurance that any of its Patents validly covers the Linux Kernel, is enforceable, or that the Linux Kernel does not infringe patents or other intellectual property rights of any third party. No other rights except those expressly stated in this Patent Statement shall be deemed granted or received by implication, or estoppel, or otherwise."

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