HPE is ordered to encourage 55 Juniper Engineers and Sales Employees to move to MIST Auction Winners.
To gain government approval for the purchase of the Juniper network, HPE has agreed to comply with MIST's long list of AI OPS licensing requirements, including transferring up to two winning bidders of the license to the US government, and transferring 55 Juniper employees to one of those entities.
The government will begin 20 days after the Juniper contract ends and check in every 30 days “Progress of MIST's AI OPS Sale until the sale takes place.”
“HPE has agreed to grant up to two licenses to the MIST AIOPS source code. Licensees have been decided through an auction process that awards licenses to up to two bidders.”
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Since the end of the Juniper Sale, HPE spent 180 days auctioning off the mist source code AI OPS, only to bidders “accepted by the US at their sole discretion.”
The government has allowed “three or more” organizations to bid if several bidders “above $8 million.” A spokesman for HPE said that there may be more than three bidders, but there are only two auctions and two entity licenses to use AI OPS for MIST source code.
HPE will retain full ownership of the fog, a spokesman said.
While successful bidders are not permitted to use the Mist trademark, HPE is ordered to create a commercial framework that allows them to “provide transition services” including “providing knowledge transfer assistance,” including “knowledge transfer assistance, software updates, engineering regular course maintenance, and bug fixes.”
Additionally, HPE should “facilitate” the transfer of up to 30 Juniper engineers who are familiar with MIST AI OPS source code and another 25 employees who are familiar with MIST AI OPS sales.
The verdict says that this would provide financial incentives that encourage employees to leave to work with those who win the auction. Successful bidders are not permitted to solicit additional Juniper engineers or sellers beyond the agreed set of employees.
HPE must provide contact information and referrals for Juniper's original design manufacturing of WLAN hardware, as well as Juniper's distributors of WLAN in the US, and channel partner adopters who work with Juniper to sell WLAN in the US.
The government also outlined the conditions for the auction to be held. A small bidder will be selected based on the “total of bids” that is not limited to the price offered, the decision states.
The decision also sets guidelines for what happens when multiple entities win the auction and include scenarios in which “three or more” bidders are allowed to purchase AI OPS in MIST source code.
In that case, HPE will need to set up a second auction, but these bidders will not be granted to Juniper employees or transition services.
If multiple winners emerge from the auction, each will be able to use AI OPS in MIST source code for networking products and have the right to develop and innovate the code to create derivatives according to the judgment.
Additionally, successful bidders may grant the right to use the source code to “end users, intermediaries, service providers” in connection with the sale of networking products.
After sale and prior to auction, HPE must maintain MIST's AI OPS as a viable product, including providing adequate working capital and providing a credit line of credit where necessary, the decision states.
