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

03.25.09

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

Posted in Europe, GNU/Linux, Microsoft, Novell, Patent Covenant, Patents, Red Hat, SUN at 6:50 am by Dr. Roy Schestowitz

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

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

A Single Comment

  1. Pieter Hintjens said,

    March 25, 2009 at 9:21 am

    Gravatar

    Roy,

    Nice article. It’s seemed to many of us in the FOSS community that the patents were the ultimate way for larger firms to control and profit from the FOSS economy. This is why, IMO, IBM can enthusiastically collect patents while also investing in open source.

    I see William has submitted his article to Slashdot, it’s here in the firehose: http://slashdot.org/firehose.pl?op=view&id=3892567&art_pos=2

What Else is New


  1. UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

    Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC



  2. The Sickness of the EPO – Part III: Invalidity and Suicides

    An explanation of what drives a lot of EPO veterans to depression and sometimes even suicide



  3. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  4. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  5. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  6. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day



  7. French Politician Richard Yung Tells the Government About Abuses at the European Patent Office (EPO)

    The subject of EPO scandals has once again landed in French politics, just a couple of months since it last happened



  8. The Sickness of the EPO – Part II: Background Information and Insights

    With a privatised, in-house (sometimes outsourced and for-profit) force for surveillance, policing, justice, public relations and now medical assessment (mere vassals or marionettes of the management) the EPO serves to show that it has become indistinguishable from North Korea, where the Supreme Leader gets to control every single aspect (absolutely no separation of powers)



  9. EPO Cartoon/Caricature by KrewinkelKrijst

    A new rendition by Dutch cartoonist and illustrator KrewinkelKrijst



  10. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  11. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  12. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  13. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  14. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  15. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  16. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  17. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  18. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  19. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  20. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  21. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  22. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  23. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  24. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)



  25. Links 17/2/2017: Wine 2.2, New Ubuntu LTS

    Links for the day



  26. Bad Advice From Mintz Levin and Bejin Bieneman PLC Would Have People Believe That Software Patents Are Still Worth Pursuing

    The latest examples of misleading articles which, in spite of the avalanche of software patents in the United States, continue to promote these



  27. Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

    Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"



  28. SoftBank Group, New Owner of ARM, Could Potentially Become (in Part) a Patent Troll or an Aggressor Like Qualcomm

    SoftBank grabbed headlines (in the West at least) when it bought ARM, but will it soon grab headlines for going after practicing companies using a bunch of patents that it got from Inventergy, ARM, and beyond?



  29. Technicolor, Having Turned Into a Patent Troll, Attacks Android/Tizen/Linux With Patents in Europe

    Technicolor, which a lot of the media portrayed as a patent troll in previous years (especially after it had sued Apple, HTC and Samsung), is now taking action against Samsung in Europe (Paris, Dusseldorf and Mannheim)



  30. Michelle Lee is Still “in Charge” of the US Patent System

    Contrary to a malicious whispering campaign against Lee (a coup attempt, courtesy of patent maximalists who make a living from mass litigation), she is still in charge of the USPTO


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