If Novell protects us from Microsoft, who protects us from Novell: The one thing we all have to remember is that open source leads to new concepts and market opportunity for small development shops. Just ask Astrum Inc. http://www.astruminc.com, what astrum did was to develop the first SUSE based Solution Stack using Novell technology. What they produced and what the independent testing reported was a beast of an appliance and Astrum published these reports on its website.
The concept from what I could gather was presented to Novell under NDA two years ago at the end of 2006 and promises of concept protection were made and agreements were signed and both worked with business units to ensure no competitive issues may arise. They did not! So if the solution is potentially a market changing concept as Linux can be why expose a concept to a company like Novell who touts protection in the Open source but steals based on potential market impact.