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

03.21.09

Novell, Red Hat, and Software Patents: Strike II

Posted in Microsoft, Novell, Patents, Red Hat at 4:05 am by Dr. Roy Schestowitz

Pinoccio
Searching for truth regarding Red Hat and software patents

Summary: Novell’s long tradition of software patenting lives on, but what about Red Hat?

WE already know very well about Novell and its attitude towards software patents. It keeps acquiring them and according to the Salt Lake Tribune it has just gotten some more.

Method and system for dynamic assignment of entitlements, patent No. 7,505,972, invented by Jay Wootton of Lindon, Dennis Foster of Spanish Fork, Joe Skehan of Sandy, Charles Morgan of Springville, Jason Elsberry of Provo, Ryan L. Cox of Provo, William Street of Orem, Stephen R. Carter of Spanish Fork, and Nick Nikols of Draper, assigned to Novell Inc. of Provo.

System and method for filtering of web-based content stored on a proxy cache server, patent No. 7,506,055, invented by Carolyn B. McClain of Springville, and Jim E. Thatcher of Pleasant Grove, assigned to Novell Inc. of Provo.

What we are a little disappointed to see is that Red Hat is not serious about or at least not committed to fighting software patents, so the latest Red Hat kerkuffle is not quite over yet. Red Hat did participate in making the Bilski ruling happen, but the FFII is suggesting that there is conflicting evidence nonetheless (more on that soon).

Pieter Hintjens, the former head of the FFII, has pointed out that the first patent problem was not exactly an isolated incident when he pointed at Slashdot’s direction. It made the front page and Digital Majority covered this too. To summarise:

US Patent 7453593 claims command-line processing by a web server of SOAP requests, resulting in XML responses, from and to a remote client. The HTTP Common Gateway Interface (CGI) operates precisely as described in Claim 1. If you POST a SOAP document and return an XHTML response or a SOAP document, this infringes on Claim 2, since both XHTML and SOAP are XML languages. This patent thus claims to own the processing of SOAP documents by CGI programs.

Some guys from the FFII were preparing some questions for Rob Tiller. He joined Red Hat about a year ago. To quote JupiterMedia: “Red Hat today announced that it had hired Rob Tiller as vice president and assistant general counsel, and Richard Fontana, as open source licensing and patent counsel.”

Pieter attaches some questions (from the above):

I have some questions for Red Hat. Dear Red Hat,

* Why are you filing patents on obvious ideas with ample prior art?

* Will you promise not to sue my clients if they embed my AMQP/XML routing engine in their closed-source applications?

* What if IBM buys Red Hat, as they are buying Sun. Does Red Hat’s patent promise still apply?

* Can you confirm or deny suggestions that the Red Hat patent promise lets Red Hat license it patents to a third party, which can then sue FOSS implementors freely?

* Does Red Hat file patents on business methods (as well as on software algorithms)? If so, does your Promise cover the use of these patents by other FOSS distribution businesses?

Later on, Pieter asked:

Here are my questions to Red Hat’s lawyers:

1. Why are you filing patents on obvious ideas with prior art, like SOAP?

2. If my clients embed my free AMQP/XML engine in their closed apps, are they covered by your Promise?

3. If IBM buys Red Hat, does your Promise still hold?

4. If a 3rd party licenses a patent from you, and then sues my FOSS company, does your Promise still hold?

5. Does Red Hat file business method patents on their software distribution business?

6. If “Yes”, does your Promise protect my FOSS distribution business which uses these patents?

7. Would opposition to a Red Hat patent filing at the USPTO or EPO count as “litigation” under the Promise?

Until the use of Red Hat’s patents against competing FOSS firms and their clients is 100% clear and permanent, then I hold that Red Hat’s patent portfolio is first and foremost aimed at FOSS competitors, and only second at “trolls” and closed source firms.

In other patents news, the so-called 'reform' continues to show its wrinkles.

If Silicon Valley wants help in dealing with the so-called patent troll problem you do not need to limit damages, you just need to fix the problem.

Nothing there addresses the issue of self-defending monopolies which fend off competition. Moreover, this remains a system that punishes those who expose the truth and rewards/bribes those who propagate the great lies about ‘innovation’ and the “small inventor”. Another Internet giant, The Go Daddy Group, has just obtained patents on Web hosting/registration.

Go Daddy gets three new patents, bringing total to five.

The Go Daddy Group, Inc, parent company of domain registrar GoDaddy, has been awarded three new patents this month. Based on a search of “Go Daddy” with the U.S. Patent and Trademark Office, Go Daddy now has five patents. Its previously issued patents include one for private domain registration (whois privacy) and a server based spam filter.

Who does this system actually serve? It merely protects those who are wealthy enough to be able to afford patents. When it comes to software that respects people’s freedom, it even illegalises it. This helps not at all when O’Reilly publishes a book with the vague/broad title “Intellectual Property and Open Source”; there is now an excerpt from it online. If it’s patents, then call it “patents” and if it’s about copyrights, then be it “copyrights”. To say “intellectual property” is like calling Switzerland “Europe” and arguing that Europe is a land of mountains (never mind if Belgium and Holland hardly have any).

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

6 Comments

  1. JohnD said,

    March 22, 2009 at 10:01 am

    Gravatar

    Acquiring a patent isn’t the same as using against someone. I’m guessing Novell has dozens if not hundreds of patents – how many times have they sued FOSS for patent infringement.
    If Novell has the patent, it means M$ doesn’t – which is good in my opinion. Hopefully the goal of the acquisitions is donation to OIN.
    Only time will tell.

  2. Roy Schestowitz said,

    March 22, 2009 at 11:14 am

    Gravatar

    If IBM or Microsoft bought Novell along with its patents, then what good would Novell’s promises and obligations be? UNIX counts too.

  3. JohnD said,

    March 22, 2009 at 11:35 am

    Gravatar

    I see your point, but how realistic are either of those situations?
    M$ has already been nailed as a monopoly, I doubt antitrust regulators would allow them to buy a major firm like Novell especially given it’s presence in the server rooms and on desktops. One of the popular theories is that M$ is propping up Novell in an effort to avoid antitrust issues – buying the company would defeat that purpose.
    People are already questioning if IBM/SUN could past antitrust muster and that’s just on the server hardware/Unix end of things.
    One would hope that any donations to OIN are permanent so if Novell does donate it’s a done deal.
    I still think one of the best moves Novell could make is to just buyout SCO then they could donate Unix IP to FOSS and begin a merge of Unix and Linux. You’d be looking at more serious market share if that happens.

  4. Roy Schestowitz said,

    March 22, 2009 at 11:56 am

    Gravatar

    It would not be of much use. Besides, not only Microsoft is a potential acquirer.

  5. Jose_X said,

    March 22, 2009 at 4:47 pm

    Gravatar

    I’m assuming a patent could be encumbered for all time by its owner, right (like giving the public certain rights)? An example might be that patent X can be used only for Y purpose and all other rights are given up (to the public). I understand why people would hesitate to make that decision today without knowledge of future threats or risking wording the encumbrance incorrectly. It might make more sense to donate it to a not-for-profit group that would have to work within predefined but more flexible boundaries.

  6. JohnD said,

    March 23, 2009 at 7:43 am

    Gravatar

    I would think that the owner has the ability to change the public’s rights to the patent at anytime – a perk of ownership. Kind of like owning a car. I could restrict it’s use for certain tasks and leave the rest up to the end users, but at the end of the day my name is on the title so I have the final say.
    It is my hope that Novell will donate what patents it can to OIN especially since I doubt the patent system will be fixed anytime soon. I think the only near term fix will be for the public to decide what kind of software is best for them. Hopefully the migration away from Windows will continue.

What Else is New


  1. Links 13/2/2016: Debian 6.0 EOL

    Links for the day



  2. The European Patent Office, Aloof/Apathetic to Inventors and Human Rights, Simply Cannot be Trusted With the Unitary Patent (UPC)

    The European Patent Office (EPO), once a source of great pride for increasingly-unified Europeans, not only wants to enjoy impunity but also wants to attain new powers, despite demonstrating that its interests are anything but European and are often detrimental to Europeans, not just to European inventors



  3. Feedback About Battistelli's 'Meet the President' Event in Rijswijk (4th of February, 2016)

    President of the EPO, the self-absorbed Battistelli, as described by those who attended his self-glorification event earlier this month



  4. Microsoft Continua Usando Patentes de Software para Extorsionar/Chantajear Incluso Más Compañías que Usan Linux, Forzandolas/Coerciendoles a PreInstallar Basura de Microsoft

    Acer es el último gran OEM que se ha convertido en la caza de brujas por parte de Microsoft contra preinstalladores de Android/Linux, a quienes esta coerciendo en convertirse en transportistas de Microsoft (o enfrentarse a litigaciones sobre patentes de software, con altos costos legales sino bloqueos con altísimos costos por arreglos secretos).



  5. Nuevas Protestas Contra La Vil OEP en Medio de Crisis Nerviosa de su Empleado Español (Después del Matoneo Institucional de Los Chacales de Battistelli), España Rechaza la Patente Unitaria UPC

    Enfrentando enorme presión de no-tecnicos Eurocráticos como Battistelli, España permanece FUERTE y RESISTE la Corte Unitaria de Patentes (UPC), que pone más poder en las manos de un cuerpo ABUSIVO que grotescamente discrimina contra los Españoles.



  6. Sólo Media Docena de Patentes Cubana Registradas en la OEP, Pero el Trístemente Célebre Battistelli Va a Cuba a Acumular Apoyo Baráto

    Ahora que España esta antagonizando a la OEP (y especialmente la UPC) el Presidente de la OEP ayuda a crear piezas de hojaldre en español cuando visitó Cuba y sus vecinos hispano-hablanetes que históricamente son renombrados por su gobernabilidad desaparecida así como su ilegalidad (como la OEP misma)



  7. In Lawyerland, Simulated UPC 'Trials' and More Extraordinary EPO Propaganda for Change That Would Harm Europe to Help Patent Lawyers and Their Big Clients

    A look at the latest wave of lobbying for the Unitary Patent Court (UPC), courtesy of patent lawyers who profit from patent disputes, and the utterly shameless marketing from the European Patent Office (EPO)



  8. Apple and Microsoft Cannot Keep Up With Android (Linux), More Layoffs Reported

    Having failed to grow (in the operating systems market share sense), proprietary software giants lose loyalty, try to attack the winner (Android/Linux) with software patents, and inevitably make their staff redundant



  9. Links 12/2/2016: Russian's Government With GNU/Linux, India's Wants FOSS

    Links for the day



  10. New EPO Protests Amid Nervous Breakdowns of Spanish EPO Employee (After Institutional Bullying by Battistelli's Goons), Spain Rejects the Unitary Patent (UPC)

    In the face of enormous pressure from non-technical Eurocrats like Battistelli, Spain remains strong and resists the Unitary Patent Court (UPC), which puts more power in the hands of an abusive body that grossly discriminates against Spaniards



  11. Only Half a Dozen Cuban Patents Filed at EPO, But Hugely Unpopular Battistelli Goes to Cuba to Garner Cheap Support

    Now that Spain is antagonising the EPO (and especially the UPC) the President of the EPO helps create some puff pieces in Spanish as he visits Cuba and neighbouring Spanish-speaking nations which are historically renowned for defunct governance and lawlessness (like the EPO itself)



  12. Nepotismo de la UPC, Abusos Políticos, y el Envolvimiento en la UPC de la Firma ¨Legal¨ que la OEP Contrato para Matonear a Techrights

    La Corte Unitaria de Patentes UPC, un sistema arregaldo esta siendo embestida por la gargant de Europa por la OEP. (Nos están metiendo la yuca). Sus grandes clientes (incluso extranjeros), con sus abogados de patentes para que todo el mundo los vea.



  13. Miembro del Parlamente Europe Resalta ¨Las Continuas Violaciones de los Fundamentales Derechos de los Empleados de la OEP¨

    Pregunta a la Comisión Europea de parte de la MEP Portuguesa Ana Gomes, publicado en el sitio del Parlamente Europeo.



  14. Links 11/2/2016: LibreOffice 5.1, HMRC and FOSS

    Links for the day



  15. Microsoft Continues to Use Software Patents to Extort/Blackmail Even More Companies That Use Linux, Forcing/Coercing Them Into Preinstalling Microsoft

    Acer is the latest large OEM to have become a victim of Microsoft's witch-hunt against Android/Linux preloaders, whom Microsoft is coercing into becoming Microsoft's carriers (or face litigation over software patents, with high legal fees if not injunctions or high damages upon secret settlements)



  16. EPO Brain Drain (Even Directors Fed Up With Team Battistelli) and Rumours About Battistelli Becoming President of the UPC

    Words heard through the grapevine of the European Patent Office (EPO), where staff is overwhelmingly against the managers and some people, including high-profile staff, add to the exodus



  17. More Than 20 Years in the Line: European Patent Office and Claims of European Convention on Human Rights Infringement Against Applicants/Stakeholders

    Gross incompetence and potentially an infringement of the European Convention on Human Rights at the European Patent Office (EPO), this time impacting an applicant (one of many in a similar position)



  18. UPC Nepotism, Political Abuses, and UPC Involvement From the Legal Firm That EPO Hired to Bully Techrights

    The Unitary Patent Court (UPC), a rigged system that is being rammed down Europe's throat by the EPO, its big clients (even foreign), and their patent lawyers laid bear for people to see



  19. Member of European Parliament Brings Up “Ongoing Violations of the Fundamental and Employment Rights of the Staff of EPO”

    Question to the European Commission from Portuguese MEP Ana Gomes, as published in the site of the European Parliament



  20. La Oficina Europea de Patentes Pretende que No Pasa Nada y Prepara una Feria de Vanidad

    La estrategia de relaciones públicas de la OEP cuya destructiva estrategia de patentes continua sin disminución (por ahora), se engancha en Colombia y se esfuerza en manufacturar el mito donde el público, examinadores de patentes, y aplicantes de patentes todos estan muy felices con la OEP.



  21. La ‘Internacional’ Commisión de Comercio Impone/Reenfuerza Patentes de Software para Establecer Otro Embargo

    La Comisión Internacional (sic) de Comercio se esta entrometiendo en competición de nuevo permitiendo a un gigante de los Estados Unidos Ciso en este caso, a potencialmente bloquear rivales (no importaciones del extranjero) usando patentes de software.



  22. Links 9/2/2016: Linux in Robotics, Hyperledger Project

    Links for the day



  23. Besieged Benoît Battistelli Mimics 'Damage Control' Tactics of FIFA or Blatter as More Judges Start Getting Involved in EPO Scandals

    Rumours and a new rant from Battistelli reinforce suspicions that actions are being organised behind the scenes, possibly as part of an upcoming, high-level campaign to unseat/dethrone Battistelli, who has become a reputational disaster to the European Patent Office (EPO), much like Sepp Blatter at FIFA



  24. Several Political Parties Directly Challenge the European Patent Office for Ignoring the Law, Not Obeying Court Orders

    Politicians make it crystal clear that the EPO, despite its unique status, cannot just raise its nose at the rulings of courts of law, definitely not in Dutch territory where the EPO operates



  25. Even the Legal Community is Upset at Benoît Battistelli for the Damage He Did to the EPO

    A recent article from lawyers' media (in German) speaks of the great damage (or mess) left by its current president, who has become somewhat of a laughing stock and growingly synonymous with farcical trials even in the circles of stakeholders, not just his own staff



  26. EPO Union (SUEPO) Getting Busted: “More and More People are Joining the Union, but Fewer and Fewer People Dare to Take on Leading Positions There.”

    The union-busting actions taken by EPO management in collaboration with Control Risks (for weak accusations against staff representatives) and FTI Consulting (for 'damage control') as described in a recent article, in the words of SUEPO lawyer Liesbeth Zegveld



  27. Microsoft's Copyrights- and Patents-Based Attacks on GNU/Linux Carry on

    The SCO case is still going on and Microsoft has just signed a patent deal with GoPro over its FOSS-based software, relating to “certain file storage and other system technologies”



  28. The EPO's Benoît Battistelli is the Dictator Who Can No Longer Dictate Like He Used to

    The European Patent Office's mechanism of oversight is starting to work just a little because, based on a new report from Juve, Battistelli is now reluctant to make proposals that would prove unpopular among delegates



  29. La Más Detallada Explicación (hasta ahora) de ¿Qué esta mal con la OEP?

    La insistencia de la OEP que permanece arriba de la ley no sólo est bajo fuego en los medios pero también esta siendo desafiada basado en personas familiares con la aplicabilidad de la ley a organizaciones internacionales.



  30. Links 8/2/2016: Vista 10 Nags Help GNU/Linux, Nautilus Updated

    Links for the day


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