05.25.07
Novell 10-K Released, Redacted Agreement Available
Finally, some facts…
Here it is, folks. This will take some time for me to peruse, but here are some early reactions from Dave Rosenberg and Bruce Perens:
Open-source advocate Bruce Perens said he would be looking to see exactly what Novell was given through the deal and whether there is any requirement for the Linux vendor to defend Microsoft’s patent claims. “What I’m actually looking for is, to what extent was there a violation of faith?” he said.
Microsoft has claimed that Linux violates more than 235 of its patents, and because the deal offers patent protection to Novell users, it is seen as potentially driving a wedge in the Linux community. “Novell had a choice here, and Novell’s choice was to be in the same boat with the rest of the free software community, or not,” Perens said.
Based on an initial reading of the documents, Perens said the deal does not appear to provide full patent protection to Linux users. “Novell did not get complete rights regarding Microsoft patents,” he said. “For example, office productivity applications are specifically excluded. … OpenOffice.org is excluded by name, WINE and Open-Xchange are excluded by name,”
Highlight: Novell was the first to acknowledge that Microsoft FUD tactics had substance. Novell then used anti-Linux FUD to market itself. 
Highlight: Xandros let Microsoft make patent claims and brag about (paid-for) OOXML support. 
Highlight: Linspire's CEO not only fell into Microsoft arms, but he also assisted the company's attack on GNU/Linux. 
Highlight: Microsoft craves pseudo (proprietary) standards and gets its way using proxies and influence which it buys. 
Highlight: The invasion into the open source world is intended to leave Linux companies neglected, due to financial incentives from Microsoft. 
Analysis: Xen, an open source hypervisor, possibly fell victim to Microsoft's aggressive (and stealthy) acquisition-by-proxy strategy.
Roy Schestowitz said,
May 26, 2007 at 6:30 am
Further analysis @
http://www.groklaw.net/article.php?story=20070525211117353
Some background and context here:
http://linux.sys-con.com/read/381097.htm
“Linux Open Source News: Novell to Disclose Edited Microsoft Agreement
Agreement is Basis of Microsoft’s Claim to Hundreds of Patent Claims”