Unless you’re using the definition explicitly included in GPLv3, anyhow.
In this specific case, the ClearType font is supplied as part of the freetype2 package; last summer the upstream maintainer changed the package’s default settings to disable Clear Type and thereby avoid possibly relevant Microsoft patents. So, consistent with Novell’s preexisting practices and current policy, Novell is using the default settings established by the upstream maintainer. Distributions such as Fedora made the same choice. This issue only came up in the summer of 2006 and therefore older distributions are using the previous default (enabled ClearType).
We hope this clears up any confusion over the issue.
So, here is a clear indication that Novell indeed does not have a patent cross-license, but rather – as they have stated all along (and is their loophole in GPLv2) they have agreed to pay Microsoft a running royalty on open-source software shipped under the agreement for a promise from them not to sue Novell’s customers over unspecified potential IP infringement.
I still say it isn’t GPLv2 compliant.