NetWare is in Extended Support until March 2012
(Novell Support | Support Lifecycle)

And the current patch availability for products in Extended support is "Publicly Available"
(Patch Download Information for All Products)

So why is the eDirectory 8.8 SP5 Patch5 for NetWare Restricted?
(NOVELL: Downloads - eDirectory 8.8 SP5 Patch5 for NetWare)