Turning back the clock
An interesting line of attack. However....
1/ None of the code in presently question is covered by GPL3 (it's covered by GPL2 at best)
2/ Some people who presently release code covered by the GPL have said that they will not use GPL3 (Linus T has said as much regarding the Linux kernel), and so the v3 clause in question will never apply.
3/ You can't apply a licence agreement retrospectively so even if all the code in question suddenly moved over to GPL3, it would not effect any of the code presently being released by Novel. So, in order to close the loophole, all MS/Novel have to do is make another agreement (post GPL3) that DOES include an expiry date or whatever is needed to plug the hole, and issue the new agreement with subsequent Suse releases.