Not always free or open?

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As a once-famous comedian always said (before he slipped into late night news obscurity), "I don't mean to go off on a rant here, but..." When does free and open software stop being free and open?

Novell Could Be Banned From Selling Linux: Group Claims (InformationWeek)

Free software doesn't mean free-as-in-speech or freedom-of-association anymore?

[The real ranting and raving was omitted to spare the innocent. -ed.]

One of those things that make you say, "Hmmm."