Bonum Certa Men Certa

How Red Hat Dodged a Novell-Like Microsoft Deal Despite Lobbying for Software Patents

The Battle of Trafalgar
The Battle of Trafalgar



Summary: Microsoft releases -- via CNET -- information about its secret patent "projects"

WE HAVE BEEN AWARE for a couple of years now that Red Hat too was discussing patents with Microsoft but no deal was ever signed other than the recent virtualisation collaboration. It involves no patents at all. This issue is entirely off the table, so what came to fruition is inherently different.

Microsoft now boasts a sort of PR placement. This was seeded in CNET, which has just broken the news about Microsoft unleashing its story about patent deals and their secret history.

The story has a lot to do with Microsoft's Marshall Phelps, who wrote a book on his patent strategy. He was not fired but instead he took some time aside to write this book, apparently. It's a book on how to burn GNU/Linux, but it's titled "burning the ships" -- a phrase that Matt Asay recited very frequently (he said "boats" though, also in a separate context).

Here is an interesting portion of the new article:

The Novell deal, though, is the most interesting tale and the one to which Phelps and co-author David Kline go into the most detail. It began as "Project Summer"--an effort to get at least one major Linux vendor to sign a pact with Microsoft by the summer of 2004. It began with a well-regarded salesperson, Susan Hauser, being tapped to confidentially meet with customers and see how much support there was for some sort of Microsoft-Linux partnership.

The customers were game, Phelps and Kline write, but unwilling to become a party in the negotiations themselves. As the effort took longer than Microsoft wanted it became "project next summer," the authors quip. The company met with Red Hat, starting in the fall of 2004, as part of "Project Bridge Builder," though talks broke down after a year and a half. Just as those talks were collapsing, in June 2006, Microsoft Chief Operating Officer Kevin Turner got a call from Novell's then-president, Ron Hovsepian. A few days after that, Brad Smith called Hovsepian back and a new effort, "Project Blue," was born.

The sides first met face to face two weeks later at a Hyatt near the Chicago airport. That meeting took place amid a convention of female bodybuilders. Another meeting took place in September, this time at Microsoft's outside counsel's office--in the same conference room where several months earlier Microsoft had hammered out an agreement with Sun Microsystems.

"Given the challenges of coming together with Novell," Smith says in the book, "I thought it made sense to meet in the same conference room... Plus, since the room had been lucky for us once before, I figured that couldn't hurt either."

Talks progressed, but had not reached a conclusion. Smith suggested the two sides set an October 31 deadline for reaching a deal. Novell agreed that the deal would be "done or dead by Halloween." After the last-minute end-run around the GPL, the two sides got the deal done and announced it to the world on November 2, 2006.


Pamela Jones added (in reference to that last sentence): "So it was a deliberate end run around the GPL, with a Microsoft goal of getting paid for each copy of Linux sold -- just like SCO -- but thanks to GPLv3, it was an end run that led straight into a brick wall."

The story about Red Hat agrees with something that we already knew, but Red Hat was given a lot of flak recently because of its attitude or at least its approach towards software patents [1, 2, 3, 4]. Heise offers a very detailed analysis that we recommend reading.

The disclosure that Red Hat have applied for a patent on what might strike some as an obscure corner of the software ecosystem has caused others to re-evaluate how open and collaborative Red Hat actually are. As the AMQP 1.0 standard entered into its final phase, a 2007 Red Hat patent application, the company now refers to as a "defensive" patent, on an obvious extension of AMQP, was automatically disclosed and caused quite stir. What is AMQP, why is it important, what has Red Hat done to cause a ruckus within the AMQP community, and what does it mean to open source in general.


Red Hat could probably do a lot more to help the fight against software patents in Europe because now is a crucial time.

WMGarrison has just told us that he had "been studying Red Hat's position on software patents [...] basically, they seem to be in favour of software patents, against business methods, and mainly for interoperability protection."

The summary of Garrison's long article goes like this:

In this article we revisit the historical 2005 Software Patent Directive, the most heavily lobbied European law ever, and look at Red Hat's public policy statements regarding this law. Our conclusion: Red Hat Instead, they endorsed the propaganda term "Computer Implemented Invention" and they lobbied for amendments that would legislate for, not against, software patents across Europe where the letter of the law still forbade them.


As we respect and very much value the opinion of the FFII, giving the benefit of the doubt to Red Hat would be hard in this case. Can Red Hat make a formal clarification about its stance on software parents? Uncertainty helps not at all and it's beneficial neither to Red Hat nor to Free software; it's beneficial to Microsoft.

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway."

--Marshall Phelps, Microsoft

Comments

Recent Techrights' Posts

EPO Cocainegate: Feedback and Clarifications
Part III will come out soon
Links 29/10/2025: "US Military Is Destroying the Planet Beyond Imagination" and Boat Strikes Deemed Unlawful
Links for the day
Quality Comes First (Techrights Search)
It's generally working already, but we wish to polish it some more
Techrights Party Countdown
Late next week we'll be holding a party near our home
European Parliament and Council Directive on Privacy is Vanishing
"edited / censored some time more recently"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 28, 2025
IRC logs for Tuesday, October 28, 2025
Slopwatch: The March of Slopfarms, From UbuntuPIT to Linux Journal and to Various Fake Sites Still Promoted by Google News
It's so worrying to see what the Web has become
Links 29/10/2025: CISA, Ukraine, and Amazon Problems
Links for the day
[Teaser] The EPO's Spokesperson, a Cocaine User, Fancies Young Women
How's that for "optics" in the EU and Europe's second-largest institution?
How Will António Campinos Respond to the EPO's 'Cocainegate'?
That's the same thing we saw and still see when the press deals with enablers and partners of Jeffrey Epstein
Join Us Now and Share the News - Part IV: There Cannot be Free Software Without Free Press and Free Information
One day, one can hope, more people will recognise that for Software Freedom we need free press and free thinkers
Join Us Now and Share the News - Part III: Principled Stance Is Never Cheap
Protecting the truth and insisting that the general public is made aware of things that really happened isn't cheap
Join Us Now and Share the News - Part II: Because Scarcity of Accurate Information Breeds Collective Ignorance
we too will strive to share information that's aggressively suppressed
Gemini Links 28/10/2025: More New Arrivals at Geminispace, xkcd on "Document Forgery"
Links for the day
Join Us Now and Share the News - Part I: Defence of the Truth
This year we make a very strong, firm statement for truth, even if that means explaining our work to the top media judge in the country
Links 28/10/2025: Meta and Fentanylware (CheeTok) Age-Restricted Down Under, "Britain Needs China’s Money"
Links for the day
Links 28/10/2025: Mass Layoffs at Amazon and Charter to Cut 1,200 Jobs
Links for the day
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Parties and Milestones Again
we've begun putting up about 40 balloons
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete