I agree, they can in terms of the legality of OpenSuse. As for the actual operating system, Even Novell has to yield to the GPL so Microsoft is going to have to as well. Plus, look at how many other distros there are. If Novell does screw this up, people will just flock to Ubuntu or Fedora Core and I think Novell knows this so they will have to ensure that MS keeps in line. On Sat Nov 18 16:06 , "Peter Flodin" sent:

On 11/19/06, Saill White saill.white@openlina.com> wrote:

...

How can this be legally binding? Did openSUSE.org sign some kind of agreement with Microsoft? Is Novell allowed to enter into legal agreements on openSUSE.org's behalf?

openSUSE.org is a _project_ run by Novell. There is no separate legal identity called openSUSE.org (at least not publicly known). There is no openSUSE foundation that owns anything. All project copyrights, trademarks and other IP are held by Novell directly, including the domain name. Even the community wiki contributions are copyright by Novell (albeit licensed back using GFDL).

So I would say, yes Novell can enter in to agreements in regard to openSUSE.org

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