Bonum Certa Men Certa

Another Company Affiliated with Microsoft Sues Red Hat Using Software Patents

"...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

Comments

Recent Techrights' Posts

CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
EPO Will Stop Working for 10 Days to Protest Against 'Cocaine King' and His Assault on Democracy, Lawfulness, Transfer of Power at EPO
Strikes, work stoppage, all rolled onto one
Techrights is International
There are many sites that focus on local communities or nations. We're not one of those sites.
Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
 
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026
Black Brit on "Pictures Comparing Me to a Monkey" Because of Brett Wilson LLP Client
"Like Firm, Like Clients..."
President of the EPO Should be Kicked Out, Not Have His Term Terminated in 2028
The President is facing more scandals soon
David Gordon at The Register MS Keeps Feeding the Pyramid Scheme With Fake Articles That Say "AI" Dozens of Times
How can such a publisher still be taken seriously?
The Local Staff Committee The Hague (LSCTH) at the EPO Explains the Working Conditions and Crisis of Plunder (Less for Workers, a Lot More for Dictators Who Refuse to Leave Leadership Roles)
Next week will be epic
IBM Brings Avalanche to Red Hat October 1st 2026 (Thursday)
IBM is turning up the heat on staff
Links 29/09/2026: Mass Layoffs at Microsoft and Backlash Over Data Center Policy of Microsoft
Links for the day
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026
Brigading Against Women - Part VIII - Misogyny Embedded; Like Firm, Like Clients
It's about back doors
Chaos Imminent at Red Hat (This Week)
IBM is 'finishing the job' an ex-IBMer (Ron Hovsepian) did at Novell.
Microsoft Can PIP Workers (Silent Layoffs) Until Almost Nobody is Left
Microsoft is gradually vanishing
The Cyber Show Says Truth Always Requires a Fight, a Struggle
"Truth-tellers always face struggle and run risk"
Maladministration at the EPO as a Crisis for the EU and for Portugal's Image in Europe
Some time soon we'll publish a long article about what EPO leadership means to Portugal
3 Years of UK Hosting
We commend the webhost for standing firm in the face of misogyny
Tech Labeled "Smart" Does Not Make People Smart
People who insist on making everything digital are not advancing progress
Gemini Links 28/09/2026: Truncated Sleep, Plain Text, and Slop Problem Kept Out of Geminispace
Links for the day
Links 28/09/2026: "A Growing North Korea Problem" and Independent Journalism as a Lifeline
Links for the day
Links 28/09/2026: Microsoft Chatbot "Giving Extremely Specific Advice to a School Shooter on How to Maximize Casualties", ‘Suicidal Empathy’
Links for the day
Microsoft's Attacks on Courts in the Netherlands Result in GNU/Linux Growing to About 10% There
One core issue that justified this and led to this outcome is Microsoft's interference with the administration of justice
They Create the Conditions for People to Leave, This Way They Don't Call it "Layoffs"
We keep seeing many stories like these
Gemini Links 28/09/2026: Wildfire, DOS, and Backups
Links for the day
Brigading Against Women - Part VII - 'Trolling' Courts and Legal Systems in America and in the UK (Europe) Costs a Lot to Taxpayers
They only attend hearings after being arrested
European Patent Office (EPO) Series: The Portuguese Talent For Bureaucratic Empire Building
Portugal’s success in securing senior executive appointments at the EUIPO and the EPO is a notable example of how countries seek to strengthen their influence within European intergovernmental institutions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 27, 2026
IRC logs for Sunday, September 27, 2026