The agreement is available in the U.S. Securities and Exchange Commission web site: http://www.sec.gov/Archives/edgar/data/758004/000095013407012375/f26782exv10w35.htm
But you can just read the short version (http://www.sec.gov/Archives/edgar/data/758004/000095013407012375/f26782e10vk.htm):
Under the Patent Cooperation Agreement, Microsoft agreed to covenant with our customers not to assert its patents against our customers for their use of our products and services for which we receive revenue directly or indirectly, with certain exceptions, while we agreed to covenant with Microsoft’s customers not to assert our patents against Microsoft’s customers for their use of Microsoft products and services for which Microsoft receives revenue directly or indirectly, with certain exceptions. In addition, we and Microsoft each irrevocably released the other party, and its customers, from any liability for patent infringement arising prior to November 2, 2006, with certain exceptions. Both we and Microsoft have payment obligations under the Patent Cooperation Agreement. Microsoft made an up-front net balancing payment to us of $108 million, and we will make ongoing payments to Microsoft
Plus the 3.4 part:
Nothing in this Agreement shall imply, or be construed as an admission or acknowledgement by a Party, that any Patents of the other Party are infringed, valid or enforceable.
Both Microsoft and Novell said "we will not sue your customers", that does NOT means that: a) I'm able to sue your customers b) I will not sue you
Even if the agreement meaned so... if Novell was acknowleding that Linux was violating Microsoft patents, then Microsoft was also acknowleding Windows was violating Novell patents... patents that probably are part of the Open Invention Network, so other members, like Red Hat, can use them.
But since the agreement doesn't protects Novell, only their customers, you can be sure that Novell will not try to use anything with a Microsoft patent.
So...
dca said: ...okay, I've read it... This means that Novell SLES(D) will be the only OS allowed to legally (based off EULA) virtualize any MS sku.
No. No idea from where you took that.
dca said: I still haven't found any reason for Novell to sign a patent co-op, isn't an NDA good enough?
A patent co-op has nothing to do with an NDA, what are you talking about???
dca said: When all is said and done, Mono will only be able to be run on SuSE...
Once again, false. If Novell infringes any Microsoft patent in Mono Microsoft can sue them (even if not the customers)... so Novell will not infringe any Microsoft patent in Mono.
dca said: By the by, why wouldn't Novell issue a statement like that about 'we don't agree w/ MS on the patent issue'?
Novell did just after Ballmer said that about Linux infringing 200+ Microsoft patents. I'm not going to search a link, point 3.4 of the agreement is already clear enough.
Why on the hell people talks so much about an agreement that just says "some people will be protected from a danger that doesn't exists" is something I will never understand.