So, Novell was offered the gambit and all of FOSS may have to pay... 

        ... from the article:

"According to open-software experts Microsoft is the real winner. The deal 
with Novell allows Microsoft to go out and demonstrate it is correct about 
Linux violating Microsoft patents, since Novell agreed to pay $40 million not 
to have its Linux customers sued for violations."

"Industry insiders are now weary of what may come of Microsoft's experts. If 
Microsoft convinces the patent system that it is right, the open-source 
industry could face potential meltdown. Eben Moglen, executive director of 
the Software Freedom Law Center says a massive war is about to be waged on 
the patent battlefield."

http://www.dailytech.com/article.aspx?newsid=7269


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