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openSUSE Hobbled by Microsoft Patents

openSUSE 10.2 no longer enables ClearType. (which would improve the appearance of fonts) The reason given on the openSUSE mailing list for not enabling it is, 'this feature is covered by several Microsoft patents and should not be activated in any default build of the library.' As reported on and discussed, this matter may be connected to the Microsoft-Novell deal. If so, Novell should have received a license for the Microsoft patents, assuming the deal covered all relevant patents. Does the license therefore extend only to SUSE, but not openSUSE?