Microsoft wants everyone to understand that the GPLv3 has nothing to do with it, its Linux partnerships, or anything else Redmond-based. In other words, Microsoft is doing its best not be caught on the hook of the GPLv3. Ah, Microsoft you'd love to be able to do that wouldn't you.
Horacio Gutierrez, Microsoft's vice president of intellectual property and licensing, spelled it out: "Microsoft is "not a party to the GPLv3 license, and none of its actions are to be misinterpreted as accepting status as a contracting party of GPLv3 or assuming any legal obligations under such license."
I'm no lawyer, but let me spell it out for Microsoft. In section 0, Terms and Conditions, of the GPLv3 we find that "to 'convey' a work means any kind of propagation that enables other parties to make or receive copies."
Moving along we reach Section 3, where we find, "When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, yours or third parties' legal rights to forbid circumvention of technological measures."
Notice that phrase; "You waive any legal power?" That sounds to me that if Microsoft were to convey a Linux distribution like Novell Inc.'s SLES (SUSE Linux Enterprise Server) to a customer and some of the included code was covered by the GPLv3, Microsoft's Linux patent threats go right down the toilet.
Now Linux as a whole is almost certainly not going to go under the GPLv3. But there's no doubt that some components found in almost all Linux distributions, such as Samba and the GCC development tools, will be covered by the GPLv3. And to my non-lawyer mind that means Microsoft is hooked.
That's not just my far from expert opinion. Richard Fontana, counsel for the SFLC and one of the GPLv3's authors, told me a while back that, "Now that Microsoft has effectively become a distributor of linux. by distributing some 50,000 or so Novell SLES coupons, it has perhaps unwittingly restricted its ability to sue Linux users over its patents.
"While this is particularly clear under the forthcoming Version 3 of the GPL, the Microsoft lawyers who helped craft the MS-Novell deal appear to have overlooked the fact that, by procuring the distribution of lots of free software under GPL Version 2, among other licenses, Microsoft has already lost some of its power to assert patents against subsequent distributors and users of that software," Fontana said.
Microsoft is doing its best to wiggle out of this. Gutierrez said "We do not believe that Microsoft needs a license under GPL to carry out any aspect of its collaboration with Novell, including its distribution of support certificates, even if Novell chooses to distribute GPLv3 code in the future. Furthermore, Microsoft does not grant any implied or express patent rights under or as a result of GPLv3, and GPLv3 licensors have no authority to represent or bind Microsoft in any way,"
Ah, Microsoft, you are so caught it's not even funny.
As part of the Novell/Microsoft pact. Microsoft has been distributing, and it appears will continue, to 'convey' SLES certificates to customers. In other words, congratulations Microsoft, you've been scooped up in the GPLv3 net.
If Microsoft is ever foolish enough to actually try whacking a Linux company or customer with a patent lawsuit. it doesn't matter what its lawyers say now. If that day ever comes, Microsoft knows darn well they're going to have a heck of a time wiggling out of its GPLv3 connection.
I almost hope they do. It's been much too long since I've seen Microsoft twist and squirm in a legal mess of its own makings. | 
