After Anders J. noted that RedHat offers a similar 
pledge to their customers, 

Sunny [mailto:[EMAIL PROTECTED] demands:

[...]
> 
> Yes, and there is the difference - RedHat does this by themselves - we
> sell you software - we'll help you if there is a problem - plain and
> fair.
> 
> Novell - on the other hand - says: We sign an agreement with the
> people who started this FUD, so they will not go after you. If they
> [Novell] were so sure they do not have patent problems, why just not
> promise the same as RH to their customers? And still besides this
> question, actually what for Novell are paid for by MS??? What does MS
> receive, except the weakening of the community. Divide and conqueror!

This one sounds pretty simple to me, from a business perspective:

a) any big company with deep pockets can bring suit, even knowing 
in advance that it's not winnable, and tie up the poor defendant 
for years - this hurts a target that has shallower pockets (and 
can't afford to have their limited resources diverted by such 
an attack) and it has a chilling effect on others who read about it

b) MS is as big as they come and has deeper pockets than anybody, 
and they've demonstrated willingness to harrass people in 
the courts, directly or by proxy

c) MS is one of, if not _the_ most likely to offer legal threat 
to others, just because of their size and the number and variety 
of interests they have in the software/ip world

d) What RH did was phrased to cover almost anybody who might 
bring suit against their customers - even though MS might be 
the most likely merely because of size, power and ubiquity, 
the very offer by RH opens RH to potentially unlimited drains 
on their coffers from all directions (not just MS, though MS 
is the one that'll give most IT purchasers the shivers) - it's 
not the actuality (how many are actually suing right now?), 
it's the unknown potential that's nervous-making for investors 
and 

e) What Novell did accomplishes the same thing (reassures 
customers by setting aside some protection money), but ensures, 
by tying up the biggest bully on the block, that Novell's 
expense for the gesture is:
 a) known and predictable for the next several years
 b) deductible/write-off-able  ( I made up that word, just now)

So, as an investor or customer, which approach gives you 
better warm fuzzies? RedHat's or Novell's?  I'd say that 
Novell's move makes their risk much lower and much less 
open-ended than RedHat's, and accomplishes at least as much.

Given how much of the rest of the discussion seems to be 
free of actual facts, and partakes of the fuzzy (but not warm) 
nature of FUD, one wonders if the supposed OSS/GPL defenders who 
protest the loudest might not be on MS payroll. If not, 
they've missed an opportunity to get paid for a job well done.

Kevin

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