If Novell and Microsoft were in the car production and sales business...
Look at it this way for a moment:
- If I, as an end-user, bought a car from Ford, that does indeed contain technology infringing some patent owned by DaimlerChrysler -- would there by any likelyhood that Ford would sue me, the end-user?
- However, if I, as an end-user, buy a SUSE Linux Enterprise Server, that *may* contain (well, it doesn't, and never will, as Novell strongly reassures me) software patented technology owned by Microsoft -- would there be any likelyhood that Microsoft would sue me, the end-user?
Let's do a little thought experiment.
Assume, somehow 90% of the world wide car sales are DaimlerChrysler, 3% are Ford, and 7% are RedCar. Now, in recent years an increasing number of households are looking at Ford and RedCar, pondering to change their preferred car brand away from DaimlerChrysler (or to buy at least one of their household's five cars from Ford or RedCar).
However, prospective Ford customers tell their sales reps that they are full of fear that DaimlerChrysler would sue *them* for patent violations that may have occurred when Ford designed and built their cars.