EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

03.04.09

Another Company Affiliated with Microsoft Sues Red Hat Using Software Patents

Posted in Bill Gates, Courtroom, Finance, Free/Libre Software, GNU/Linux, Kernel, Microsoft, Patents, Red Hat, Steve Ballmer, Windows at 4:53 pm by Dr. Roy Schestowitz

“…Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux.”

Larry Goldfarb, Baystar, key investor in SCO

Summary: Red Hat’s latest headache and some other news about Microsoft’s aggressive crusade against Linux

THIS latest lawsuit seems like a combination of the Firestar case [1, 2, 3, 4, 5, 6] and also the ongoing case of Acacia, whose connections with Microsoft cannot be emphasised strongly enough [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. How much can Red Hat trust Microsoft?

Last month we saw a Microsoft partner, T3, attacking IBM and now we find a company whose partners include Microsoft attacking Red Hat using patents.

A small software company on Wednesday filed a lawsuit against open source distributor Red Hat and several vendors that sell Red Hat products, claiming that Red Hat’s JBoss middleware violates one of its patents.

[...]

Software Tree’s partners include Microsoft, IBM, Borland, and Sun, while customers range from Concert Communications to the Los Alamos National Lab and News Corporation’s Kesmai unit.

It is not unusual for Microsoft to attack Linux via any of its partners, allies, or hired guns. There are many examples that we’ve covered over the past couple of years, with victims that include Google. Is it too far fetched in this case? Maybe so, but all possibilities ought to at least be taken into account.

Going Direct

There was a reasonable assumption that Microsoft will only ever attack Linux indirectly, but inclinations to believe this changed about a week or so ago when Microsoft proudly announced to its shareholders that it was suing TomTom. We’ve covered this before, but here is a quote from Keith Bergelt (OIN) which is not worth missing:

When I spoke to Keith Bergelt of the Open Invention Network, he was far more directly critical: “The message that Microsoft has been putting out over the last year to 18 months, thanks to their presence in open source forums and Sam Ramji, is that a lot of that effort is not more than rhetoric, and that their behaviors are the same. The inclusion of patents and the targeting of Linux, whether it’s by design or not, is provocative.

“And it’s unfortunate, because any of the work they were doing to develop a better manner of comportment and integration within the community will be for naught. It also solidifies the resolve of the community to support Linux users and the rights of them to use Lx. Irrespective of whether TomTom has other [patent] issues, this is a separate action. This action, by dragging in those Linux-targeting patents, is just more of Microsoft being Microsoft, and underscores how far they still have to go to be accepted by the open source community.”

Pamela Jones at Groklaw adds: “I can’t resist pointing out that when SCO first sued IBM it told the media that it was not a fight against Linux developers, just a dispute between it and IBM. That proved untrue.

Microsoft: “Come to Haven, Windows”

As we showed earlier today, formal and informal spokespeople of Microsoft (such as Enderle) keep pretending that this is not about Linux, but it is. Microsoft is trying to ‘embrace’ open source while only pretending it has no problems with “Linux”.

Even though some believe that Microsoft’s recent patent lawsuit against TomTom is a prelude to an all-out legal assault on Linux, that doesn’t stop Bob Muglia, the company’s president of Server and Tools Business, to look into the future and state that Microsoft’s products will look more and more to open source software. In fact, he predicts most Microsoft products will have open source in them at some point.

Regarding the above, writes Groklaw in reference to the headline (“Muglia: Open Source To Permeate Microsoft”): “Just not in a good way, I’m guessing. So… is this the embrace part?

Balzac, over at our IRC channel, writes: “Bill Gates and Steve Ballmer want to profit from “open source”, control it, subvert it, marginalize truly free software, never offer a mea culpa or apologize for their years of being belligerent and wrong about everything. All of this in the interest of protecting their egos, because they can’t admit they clung to an archaic business model and licensing approach.

Microsoft Wants to Impose Linux Tax

As asserted by Harald Welte, it’s about cost. Another person makes a similar suggestion, arguing that Microsoft wants to rationalise “Linux tax”.

How can you compete with free ? That’s the question every business publication has been asking to Microsoft lately. Of course priceless software is actractive per-se, so many online journalist and bloggers already foresaw Microsoft’s decline in the OS war.

Well, seems like Microsoft had an answer lately, and a good one.

In the last few days, perhaps taking advantage of me being offline ;-), Microsoft sued TomTom on 8 software patents. Amongst them 3 related to filesystem management. Something as stupid as ‘Common namespace for long and short filenames’.

akf wrote to say that “some already pay”. This point was stressed several days ago and as akf notes, “The really sad thing is, if you read the texts carefully, there seem to be companies, which already do pay Microsoft for Linux! Only TomTom refused to do that.

“First they ignore you, then they ridicule you, then they fight you, then you win.”

(Usually attributed to) Mahatma Gandhi

Steve Ballmer license

Image from Wikimedia

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

5 Comments

  1. Gentoo User said,

    March 4, 2009 at 5:10 pm

    Gravatar

    I noticed the other day you wrote an entire post based on Slashdot comments (some of which I think you later mentioned you had modded up), so here’s an interesting one I noticed on the discussion of this topic over there this morning. To quote (because it’s really good):

    Yay for selective quoting! (Score:5, Informative) … on Wednesday March 04, @08:44AM (#27065889)

    “Software Tree’s partners include Microsoft, IBM, Borland, and Sun”

    Fixed that for you.

    Another, as a reply to that one:

    Only their website doesn’t even mention Microsoft as a partner. IBM, Borland, Sun and Oracle are mentioned as partners, though, with contact details.

    What was the intention of mentioning Microsoft and leaving out those partners? Is Microsoft a business partner at all?

    I hate software patents. But summaries like this blatantly trying to skew facts to weasel in hints of a grand Microsoft conspiracy does the fight against software patents disservice.

    What a crook. Bad! I had to look twice because I fully expected this to be a “kdawson”. Not this time, though.

    I assume these people must work for Microsoft, as you are keen on quickly pointing out in cases like these.

  2. Dan O'Brian said,

    March 4, 2009 at 7:54 pm

    Gravatar

    Don’t you know? Microsoft are like the Illuminati, they are everywhere and they are nowhere. They control everything.

  3. David Gerard said,

    March 5, 2009 at 10:00 am

    Gravatar

    Note that this is two competitors for the price of one: Red Hat and Java.

    In real commercial server use, Java is everywhere. .NET faces an uphill battle and no-one takes it seriously.

  4. Roy Schestowitz said,

    March 5, 2009 at 10:17 am

    Gravatar

    .NET faces an uphill battle and no-one takes it seriously.

    Must you really insult Novell?

  5. David Gerard said,

    March 5, 2009 at 11:27 am

    Gravatar

    I mean, of course, against users ;-p Specifically internal software developers at companies, who are the 95% of developers who *don’t* work on shrinkwrapped software.

What Else is New


  1. Links 20/9/2014: GNOME 3.13.92, Android L

    Links for the day



  2. Scanning Patent Troll Implodes; Is the Podcasting Patent Troll Next?

    MPHJ loses and Personal Audio LLC perhaps wins for the last time since software patents are quickly losing legitimacy in the United States



  3. If CAFC is Not Above the Law, Then it Should be Shut Down Now

    A long series of abuses in CAFC may as well suggest that this court has become broken beyond repair



  4. The Latest From Microsoft Patent Trolls and Patent Partners

    Microsoft-linked and Linux-hostile trolls continue their relentless attacks (albeit with little or no success) while patents as a weapon lose their teeth owing to a Supreme Court ruling



  5. Microsoft Proves That Its Massive Layoffs Are Not About Nokia

    Microsoft is laying off a lot of employees who have nothing at all to do with Nokia



  6. Links 19/9/2014: Another Red Hat Acquisition, Netflix Dumps Microsoft Silverlight and Brings DRM to WWW

    Links for the day



  7. Links 18/9/2014: Windows Copying GNU/Linux, Germany Moves to Security

    Links for the day



  8. Web Site 'Patent Progress' Now Officially 'Powered by CCIA' (FRAND Proponent, Microsoft Front)

    After talking a job at CCIA, "Patent Progress" and its chief author should be treated as dubious on real patent progress



  9. Articles About the Death of Software Patents in the United States

    Recent coverage of software patents and their demise in their country of origin, where even proponents of software patents are giving up



  10. The Death of Software Patents is Already Killing Some Major Patent Trolls

    VirnetX seems to be the latest victim of the demise of software patents in the United States



  11. More Microsoft Layoffs

    More Microsoft layoffs go ahead as the company is unable to compete



  12. ODF on the Rise

    Milestones for OpenDocument Format (ODF) and the launch of FixMyDocuments



  13. Links 17/9/2014: CoreOS, ChromeOS, and systemd

    Links for the day



  14. Italy is Cracking Down on Microsoft's Monopoly Abuse While Gradually Moving to GNU/Linux

    Italy is not only moving to Free/Open Source software but also to GNU/Linux while at the same time barring Microsoft from forcibly tying Windows to new PCs



  15. OpenSUSE's 'Assurances' Are Classic MBA School Hogwash

    OpenSUSE is not part of any commitment, except for SUSE's; the impact of the Novell/SUSE acquisition casts uncertainty on the project's future



  16. Links 16/9/2014: Firefox OS Smartphones in Bangladesh, “Treasure Map” of the Internet

    Links for the day



  17. The United Kingdom Should Dump Microsoft For the Sake of National Security

    The UK has issues of Microsoft dependency and Windows viruses; its migration to Free software and GNU/Linux is not fast enough to guard its autonomy in the age of digital imperialism



  18. CBS Hires Even More Microsoft Staff to Cover Microsoft Matters

    CBS continues to be infested with Microsoft staff past and present (this time Dave Johnson) and the bias in output is quite revealing



  19. Microsoft Has Just Killed Minecraft for GNU/Linux and the Possibility of Free/Open Source Releases

    Persson sells out to Microsoft and lets the abusive monopolist destroy the popular cross-platform game that a community has been built around



  20. Another Reason to Boycott Intel UEFI

    More anti-competitive aspects are revealed inside UEFI, which helps merginalise GNU/Linux



  21. Quick Mention: Novell and SUSE Passed to Microsoft's 'Partner of the Year', Microsoft Focus

    Novell is changing hands again, and falling into the hands of even more Microsoft-friendly actors



  22. Links 16/9/2014: Linux 3.17 RC5, KDE Frameworks 5.2.0

    Links for the day



  23. Željko Topić, Benoît Battistelli, and the European Patent Office (EPO): Part II

    Part II of our look into the EPO appointment of Željko Topić and other matters showing the dubious integrity of the EPO



  24. Links 14/9/2014: Android-based Watches Earn Optimism

    Links for the day



  25. Links 14/9/2014: Eucalyptus Devoured

    Links for the day



  26. Links 11/9/2014: Linux Toilet Project, Linux-Based Wheelchair Project

    Links for the day



  27. Links 10/9/2014: Brian Stevens in Google, Ubuntu 14.10 Expectations

    Links for the day



  28. Links 9/9/2014: Hating/Loving Linux, Android Aplenty

    Links for the day



  29. Links 8/9/2014: Linux 3.17 RC 4, Switzerland Welcoming Snowden

    Links for the day



  30. Suspicion of High-Level Corruption at the European Patent Office (EPO): Part I

    The European Patent Office (EPO) Vice-President has a background of corruption and his appointment to the EPO too is believed to be reliant on systemic corruption


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts