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But, to Perens, the fact that Microsoft is currently giving to customers
coupons that can be redeemed for a copy of SUSE Linux indicates that
these coupons are intended to be redeemed for a copy of the copyrighted
GPL 2 software. 

"So, Microsoft is actively participating in distribution of the GPL2
software today, and must have assented to GPL 2 to do that, because any
distribution without assent to GPL2 would be infringement. Under GPL 2,
they have already given away the rights to use Microsoft patents that
are applied in the Novell distribution, for any use in any GPL software,
by anyone, forever," Perens said.

----------------------------------------

Thi becomes relevant given the article on /. about OpenSuse removing
ClearType sub-pixel hinting because of a M$ patent.
http://lists.opensuse.org/opensuse-bugs/2007-04/msg00126.html

So if MicroShaft distributes Suse with GPL'ed code that contains M$
patented procedures they have either released the patented code for use
in the GPL'ed codebase forever _OR_ they are in violation of the GPL
distributing agreement.

Either way, this is going to get messy.

-- 
James P. Kinney III          
CEO & Director of Engineering 
Local Net Solutions,LLC        
770-493-8244                    
http://www.localnetsolutions.com

GPG ID: 829C6CA7 James P. Kinney III (M.S. Physics)
<jkinney at localnetsolutions.com>
Fingerprint = 3C9E 6366 54FC A3FE BA4D 0659 6190 ADC3 829C 6CA7
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