Bonum Certa Men Certa

Red Hat Fights Fire with Fire

Firefighters



Summary: Red Hat decides to use patents to mitigate the negative impact of patents

According to Red Hat's new policy on software patents, "In the interests of our company and in an attempt to protect and promote the open source community, Red Hat has elected to adopt this same stance," which is to adopt defensive patents. "We do so reluctantly because of the perceived inconsistency with our stance against software patents; however, prudence dictates this position," Red Hat stresses.



Pieter Hintjens, former head of the FFII, is not alarmed by this. He writes:

I'd like to reassure everyone. Red Hat's patent claim is very weak. iMatix first proposed content-based exchanges in the AMQP draft specs two years before Red Hat filed this. Further, the actual design is poor: dynamic routing XML is obvious but slow. There are faster ways to do this - extract the essential routing data from the XML and turn into a topic key or headers.

But the quality of the patent is actually irrelevant. What we have seen is that there is a risk that participants in the AMQP process will silently file patents on it. which would be detrimental to all of us, users and open source vendors alike. Even if this particular patent is contested and rejected, there will be others.


This new policy from Red Hat is being somewhat sensationalised by Slashdot, which even tries to make some comparison here to Microsoft/Novell (but if anything, it's more like OIN).

"Red Hat's patent policy says 'In an attempt to protect and promote the open source community, Red Hat has elected to... develop a corresponding portfolio of software patents for defensive purposes. We do so reluctantly...' Meanwhile, USPTO Application #: 20090063418, 'Method and an apparatus to deliver messages between applications,' claims a patent on routing messages using an XQuery match, which is an extension of the 'unencumbered' AMQP protocol that Red Hat is helping to make. Is this a defensive patent, or is Red Hat cynically staking out a software patent claim to an obvious extension of AMQP? Is Red Hat's promise to 'refrain from enforcing the infringed patent' against open source a reliable contract, or a trap for the unwary? Given the Microsoft-Red Hat deal in February, are we seeing Red Hat's 'Novell Moment?'" Reader Defeat_Globalism contributes a related story about an international research team who conducted experiments to "quantify the ways patent systems and market forces might influence someone to invent and solve intellectual problems." Their conclusion was that a system which doesn't restrict prizes to the winner provides more motivation for innovation.


Jack Wallen proposes a better solution for Red Hat.

Of course, I understand why Red Hat would feel this necessary. But there are other ways around this that are less “’90s Microsoftian.” The most applicable idea is “prior art”. Basically what this means is any information (in any form) made public that is dated and relevant to the patents’ claim of originality can be used to dispute a patent. With that in mind I would much rather see Red Hat (in true open source form) create a sort of “patent wiki” that would post all information relevant to any ideas or technologies they are working on. With dated (and well documented) information, this would serve as strong defense against anyone applying to patent something Red Hat was already working on.


Mr. Wallen is probably right. Speaking for myself, I am personally opposed to fighting fire with fire, which is why I don't admire the OIN and hardly care for any of the output from corruptible analysts, no matter which direction they gravitate in. Red Hat should not take lessons from its competitors but instead do better (in the ethical sense, not just the purely business-wise sense). There is also a discussion about this in Linux Questions and The Register. To vilify software patents while embracing some simply leads to hypocrisy (hence no progress).

"Small Software companies cannot afford to go to court or pay damages. Who is this software patent system for?" —Marco Schulze, Nightlabs Gmbh

Comments

Recent Techrights' Posts

The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
 
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026