*The patent protection may violate the GPL on another count.* First, as Eben Moglen argues <http://news.com.com/2061-10795_3-6132156.html>

   If you make an agreement which requires you to pay a royalty to
   anybody for the right to distribute GPL software, you may not
   distribute it under the GPL. Section 7 of the GPL requires that you
   have, and pass along to everybody, the right to distribute software
   freely and without additional permission.

Oops. Guess Novell's and Microsoft's lawyers didn't catch that one.
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