January 19, 2011 (update 2) - The Antitrust Division of the US Department of Justice has acknowledged receipt of the following correspondence (with attachment):
I am writing to you this morning in my capacity as President of the Open Source Initiative, a US 501(c)3 non-profit organization. Last month the OSI filed a statement with the German Federal Cartel Office (FCO) outlining our deep concerns about a proposed transaction whereby four companies, Microsoft, Oracle, Apple, and EMC, would create a new non-practicing entity (NPE) to acquire and hold Novell's entire portfolio of 882 patents. Since making that filing, we have been joined by the Free Software Foundation (FSF) and have updated that statement to represent that both our communities--the open source community and the free software community--are concerned that CPTN represents a potential broadside not against any particular product in the market today, but against one of the only viable sources of competition for these companies in software today: the free, libre, and open source software (FLOSS) communities.
Attached is our joint statement that reflects both our consensus thinking on the subject and our joint appeal that DOJ investigate the true purpose of CPTN.
If there is any other information you require from myself, any OSI board member, or the OSI as a whole, please do not hesitate to let us know. Thank you very much for your consideration.
President, Open Source Initiative