Microsoft’s current position, taken unilaterally, is intended to eliminate any perceived ambiguity about the applicability of GPLv3 to Microsoft.

If you recall, Novell's former best friend for SUSE Linux was Microsoft. Microsoft and Novell have a partnership where the two parties had certificates that indemnified SUSE users from any intellectual property liability. In addition, Microsoft officially recommended SUSE Linux Enterprise for hybrid Windows/Linux shops.

Microsoft has extended its covenant to not sue users of Linux-based products from Novell to all GPL v3 users as soon as GPL v3 code is integrated into SUSE Linux Enterprise. This means that the patent protection Microsoft extends to Novell customers now covers every customer who uses any Linux-based software that Novell distributes under GPL v3.

"Novell will continue to ship the complete version of its Linux enterprise server even though Microsoft is attempting to distance itself legally from the new General Public License (GPL) v3 open source license."

"Novell CEO Ron Hovsepian says it is in his interest to give customers GPLv3 code when they are seeking updates, even if the customer was paying for Novell support through Microsoft certificates."

Microsoft denies that it has anything to do with GPLv3 or vice versa. Novell, however, is making it clear that it will be supporting SUSE Linux Enterprise Server in the future, including any components, such as future versions of Samba, that are licensed under GPLv3.

"Microsoft cleared the air July 5 on its obligations to GNU General Public License Version 3 support, declaring it will not provide support or updates for GPLv3 under the deal it penned in November with Novell to administer certificates for the Linux distribution."

"Microsoft sought to avoid tangling itself up in the GPL license when it struck a deal with Novell. Rather than pay Novell, it agreed to hand out SUSE Linux coupons to consumers. It stayed at arms length from distributing the code… But did Microsoft circumvent the trap of GPLv2 by stepping into the snare of GPLv3?"

So, here's my question: what is Novell talking about? How can we believe that Microsoft has agreed to indemnify GPLv3 code, when it has publicly stated it would rather leap off the Grand Canyon than touch it with a pinky?