"Plus, Microsoft can't sue open-source communities without
bumping up against companies like IBM with much broader patent
portfolios than its own. If Microsoft sues, Microsoft loses.
"Indeed, I'd argue that one primary reason for shacking up with
Novell wasn't Microsoft's patent portfolio, but rather Novell's:
Novell had key IP that goes to the heart of Microsoft's Office
business. The Linux patent covenant was a way for Microsoft to
clean up its own patent violations. Funny, that. When I was at
Novell my team in the CTO's office never worried about a patent
lawsuit from Microsoft."