Red Hat is still doing well, but we continue to discover that Novell's move was not oblivious to patents threats that could/would ensue. Here is some of the latest.

Novell clarifies $40M payment to Microsoft as 'peace of mind'

...regardless of what was said behind closed doors, as the deal was signed, in order for Red Hat's customers to perceive Microsoft threat to sue Linux users as even partially credible, it needs the market to perceive Novell's $40 million as respect for its patents. Period. Was the timing of Ballmer's up-ratcheted rhetoric coincidental? You be the judge.