Re: eh?? Still missing something.

You've missed a point. That is only *one* of their violations.

From http://www.theregister.co.uk/2006/11/20/eben_moglen_on_microsoft_novell/:

"Suppose GPL3 says something like, 'if you distribute (or procure the distribution), of a program (or parts of a program) - and if you make patent promises partially to some subset of the distributees of the program - then under this license you have given the same promise or license at no cost in royalties or other obligations to all persons to whom the program is distributed'."

Now, GPLv3 is out, and it *does* say that. Microsoft refuses to extend the deal to all other linux users, and is therefore in breach of GPLv3.