in the terms of the consent decree there's something about the only folks that can license MS's code are those that have business income, or some such phrasing. While having the Samba, WINE and OpenOffice groups eligible would have been the best method to ensure competition, it's not part of the decree.

It was clear that MS wanted the consent decree's terms to be applicable only to non-GNU concerns, and the DOJ and CKK went along. See, e.g., MS's [link|http://members.microsoft.com/consent/Info/entryrequirements.aspx|MCPP Program Entry Requirements]. It's hard to see how a GNU-type OpenSource concern could fit - and that's clearly the point.

Cheers,
Scott.