Here's the [link|http://www.sec.gov/\nArchives/edgar/data/758004/000075800406000109/novl-8k_110706.htm|SEC filing, Novell's 8K]. Note that the humorously titled Patent Cooperation Agreement has exceptions, but they are not listed or explained. Anyone able to make sense of this gobbledygook?

Under the Patent Cooperation Agreement, Microsoft commits to a covenant not to assert its patents against Novell's end-user customers for their use of Novell products and services for which Novell receives revenue directly or indirectly from such customers, with certain exceptions, while Novell commits to a covenant not to assert its patents against Microsoft's end-user customers for their use of Microsoft products and services for which Microsoft receives revenue directly or indirectly from such customers, with certain exceptions.

So let me get this straight: Novell promises not to sue Microsoft's customers for using Microsoft software. Microsoft promises not to sue Novell SUSE paid customers for using Novell SUSE. They each pay each other millions. But it's not a patent cross license. No sirree. Why that would violate the GPL, don't you know. In fact, it isn't a license at all, because that would violate the GPL too. And then Novell couldn't distribute all that GPL software it didn't write but wishes to control. It's just a friendly handshake, and what are specifics between friends who wish to step over and past the GPL?

But if there are "certain exceptions", I believe that implies somebody knows some specifics. One way or another, these beans will eventually get spilled.

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