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

05.01.09

Microsoft: Red Hat Should be Happy to Take Microsoft Patents

Posted in Europe, FUD, GNU/Linux, Microsoft, Oracle, Patents, SUN, Videos at 3:02 am by Dr. Roy Schestowitz

Ogg Theora

Direct link

Summary: The latest developments in Microsoft’s subversive battle against better-priced (and simply better) competition

Red Hat and OIN

It was only a few days ago that we wrote about OIN’s press release. Its most recent effort will help a belated fight against specific Microsoft patents. There is some more coverage of this now, e.g.:

That’s the latest in a long saga which is Microsoft’s patent attack on Linux. Red Hat plays a role in this retaliation after the TomTom case; it needs to remove barriers that Microsoft deliberately creates to intimidate Linux vendors. Now watch this from ZDNet:

On the one hand, Microsoft might release patents to Red Hat as part of a partnership. On the other hand “Microsoft has an interest in protecting intellectual property.” On the other hand it won’t sue open source on patent infringements. On the other hand Microsoft has an obligation to its shareholders.

Microsoft’s Oliver Bell, who has been asking about Boycott Novell, is seemingly threatening or pressuring Red Hat in one way or another (see video at the top for comparison). Harish Pillay had this to share after ZDNet had upset him with inaccurate reporting:

Oliver then went on to say that Red Hat should be happy to take MS patents and make money out of it and in doing so, MS would want a cut. The comment was not accepted by me and I handwaved to the moderator to move on as it was not the thrust of the my question.

I was tweeting the whole event (did not use a tag, but check twitter.com/harishpillay). Interesting, Oliver tweeted back about the patent issue and I suggested that he should consider getting MS into OIN and make all of the software patents freely available to ALL open source developers (commercial or otherwise). MS can continue to do their standard royalty extract from those patents that they placed in OIN from people who use it but keep the code secret.

As we last mentioned yesterday, Microsoft declined an invitation to join OIN. When it comes to Linux, Microsoft is most likely interested in using software patents offensively, not defensively. Microsoft has always been an aggressor.

Red Hat and Europe

According to this report, Red Hat will be pushing against software patents in Europe, thus contradicting some suspicions caused by undeniable hypocrisy [1, 2, 3].

Red Hat is today expected to join others in making the case against the enforcement of patents in software across the European Union.

The company is expected to submit an 11-page report to regulators, which makes the case that patents in software damages innovation in software.

Earlier this month, Richard Stallman and the FFII protested in the streets of Germany against software patents [1, 2]. There is now a new interview from Germany and it happens to cover not only software patents and those protests; it speaks about Red Hat too

When he attended a rally in Munich this month, Richard Stallman took time out of his busy schedule to talk with our News Editor, Britta Wülfing. The conversation covered everything from Software as a Service, to patents, protests, international politics, and protecting your freedom.

[...]

Linux Pro: They offer Red Hat, what about that? Is that not 100 percent free software?

Stallman: No.

Linux Pro: They claim it to be.

Stallman: I don’t know what they say. I’d be surprised if they said anything about free software at all. We talk with the people who make Fedora. They almost removed all the non-free software, but they did not remove the non-free firmware from the Linux kernel itself.

Linux Pro: But wouldn’t that be difficult?

Stallman: It’s not difficult at all. It’s just a choice whether you do it. The reason it’s not difficult is we’ve already done the work. We have a Linux Libre where we have removed the non-free firmware. So if you want a free version GNU/Linux distro you do have to get it from us.

Linux Pro: “From us” means the FSF?

Stallman: Us is FSF in America. That does this.

Some more responses regarding software patents are still being sent to the Enlarged Board of Appeal with the intention of impacting the EPO’s judgment.

If the Enlarged Board of Appeal should jump over the admissibility hurdle they will find themselves confronted with demands linke ‘we want more of the same’ from the usual pro-patent stakeholders interested in more or less maintaining the status quo, as well as with flawed ‘get rid of software patents’ rethoric of well-known abolitionist groups or individuals representing that way of thinking. Mr Bakels’ approach brings in some fresh air but I am somewhat in doubt as to the EBA would dare even only to deal explicitly with such deviation from long established concepts of case law.

We’ve just found the following talk from former head of the FFII regarding software patents in Europe. It’s a little old, but it only came to YouTube a few weeks ago.

Direct link

Sun/Oracle

This is not about the buyout, but rather it’s about software patents, which continue to bother everyone but lawyers. Here is the latest:

i. Sun Successfully Defends Itself Against $100M Patent Suit

A jury denies the claim for than $100 million in damages from Sun for alleged patent infringement, breach of contract, interference with an existing contract, trade secret misappropriation and unfair competition that had been filed by Versata, formerly called Trilogy Software. Versata claimed Sun stole its technology for a product configurator designed to model a software development project throughout the entire product cycle, from requirements to marketing and sales.

ii. Oracle Sued by I2 for Patent Infringement

Oracle has been sued for alleged patent infringement by supply chain management vendor i2 Technologies, i2 said on Wednesday.

The suit charges Oracle with infringing on 11 of i2′s patents. I2 is seeking monetary damages and royalty payments, or else an injunction to block the alleged infringement.

What does being part of a large company mean to MySQL and other big projects that are Free?

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

2 Comments

  1. NotZed said,

    May 1, 2009 at 9:10 am

    Gravatar

    “What does being part of a large company mean to MySQL and other big projects that are Free?”

    It means they’ll have the money and resources to implement features and provide support all of it’s existing users only ever dreamed of. MySQL is a product that needs a hell of a lot of loving to bring it up to scratch, and real money can provide a significant boost to the effort.

    What happens may or may not be awesome home-brew beer-free, but it’ll still be free like speech is supposed to be in some countries.

    I don’t know if you’ve noticed, but Linus(‘s minix) has plenty of big companies behind it lately, and nobody’s crying wolf over that (yet). Not to mention openoffice ‘dot’ org.

    Roy Schestowitz Reply:

    I can’t work out these comparisons because they don’t compute so well.

    Linux has many companies behind it and OIN serves as a patent pool. OOo is owned by a company with only one office suite. MySQL is now owned by a former/existing competitor whose emphasis on Free software is dubious.

What Else is New


  1. Patents Roundup: Apple Versus Android/Linux, Leigh Rothschild Versus Everyone, Patent Lawyers Versus Patent Reform and Progressivism

    News collated which pertains to software patents, especially those which affect Free/libre software



  2. Links 4/9/2015: Acer Predator 8, GNOME 3.17.91 Released

    Links for the day



  3. Microsoft's Vista 10 Still a Failure, So Focus Shifts to Attacks on GNU/Linux, Android

    Vista 10 adoption is already plateauing (at very low levels considering the zero-cost 'upgrade') and Microsoft is trying to assert or exploit (patent) monopolies where adoption and market growth are extremely high (Free software)



  4. Links 3/9/2015: Xiaomi's Linux Push, Calligra/Krita 2.9.7

    Links for the day



  5. TechBytes Episode 89: Chromebooks, Privacy, and Vista 10

    An episode which focuses on the rise of Chromebooks, serious issues pertaining to privacy, media bias, and the demise of Windows



  6. Links 2/9/2015: Chromebooks and Red Hat Enterprise Linux 7.2 Beta

    Links for the day



  7. Software Patent From Troll Called 'Rothschild Connected Devices Innovations' a Symptom of a Rotten Patent System

    Another example of patent trolls and software patents as gatekeepers and parasites, denying access to very trivial ideas or implementations



  8. When Even Patent Lawyers' Blogs Acknowledge the Rapid Demise of Software Patents

    Voices for patents are accepting the new order wherein software patents are hardly potent at all (and increasingly difficult to acquire)



  9. Calling Proprietary Software, Software Patents, Lock-in (Like OOXML) and DRM 'Open'

    What Microsoft et al. call 'Next-Generation Open Media Formats' are basically neither open nor acceptable (it's DRM) and what Microsoft apologists dub 'Open Source Tools' are just another example of a Microsoft Office openwashing Trojan horse



  10. Recycled Old News About Vista 10, Stressing That Not Only '10' is Spyware But All of Windows is

    How Microsoft propagandists are spinning Microsoft's gross and potentially illegal privacy violations as a reason to 'upgrade' to Vista 10



  11. Links 1/9/2015: Manjaro Linux 0.8.13, Netrunner 14.2 LTS

    Links for the day



  12. Patents Roundup: IAM's Claims About India, Lawyers' Patent Bias, ITC for Microsoft, and PTAB Against Kyle Bass

    Another weekly summary, focusing on issues that pertain to or affect Free software in particular



  13. Microsoft Crowd Rocks the Media With Misleading Claims and Deliberate Lies About GNU/Linux, Vista 10, and Free/Open Source Software

    A roundup of rigged press coverage, intended purely to serve Microsoft's agenda



  14. Links 31/8/2015: Linux 4.2, LXLE 14.04.3

    Links for the day



  15. IRC Proceedings: August 9th, 2015 – August 29th, 2015

    Many IRC logs



  16. “Conservative” Site Responds (Yet Again) to Misguided “Conservative” Efforts to Derail Patent Reform in the US

    Patent trolls throw stones in glass houses, contributing to their own unpopularity, but some influential “Conservatives” continue to defend (conserve) them



  17. Increase in Lobbying for Software Patents in Europe and Its Trojan Horse, the Unitary Patent (UPC)

    The relentless campaigns to bring software patents into Europe have not stopped and so-called 'unification' -- much like so-called 'trade' deals -- serves to support them



  18. Microsoft Technology Crashes Financial Markets, Again

    SunGard, which is a Microsoft shop, is clearly failing to provide what it calls mission-ciriticaal [sic] solutions



  19. Alice v. CLS Bank (Alice/§101) Comes to Squash Software Patents Even in Eastern District of Texas

    The crackdown on software patents is coming along nicely and the Alice case is now being utilised even in the capital of patent trolls



  20. Apple's Patent Cases Against Android Are Falling Apart, as Acknowledged Even by the Anti-Android Lobby





  21. Links 29/8/2015: NetworkManager 1.0.6, Systemd Merges “su” Command Replacement

    Links for the day



  22. Microsoft Loves Linux to Death and Still Tries to Kill GNU/Linux

    Microsoft's relentless attacks on GNU/Linux and Free software in general (even if it runs on Windows) are so evident that claims of 'love' remain laughable at best (if not infuriating)



  23. Censorship, Self-Censorship and Intimidation Now the Modus Operandi at EPO

    The European Patent Office has ceased even trying to pretend that it respects human rights, including the right to free speech



  24. Patent Practitioners: "The Unitary Patent Might be Able to Open the Floodgates for Software Patents in Europe"

    The EPO-backed Unitary Patent scheme threatens to bring software patents to Europe and along with them a lot of patent trolls from all around the world (especially the United States)



  25. Microsoft Lies About Vista 10 and Increases Microsoft Surveillance (Even Beyond Vista 10 and Into Android, Vista 7/8)

    Windows surveillance expands retroactively, making its way into platforms other than Windows and also expanding to predecessors of Vista 10



  26. Another Suicide at the EPO, Fifth by Our Count

    Yet another EPO member of staff has just committed suicide, leading to the inevitable question: how many people need to die before Battistelli and his minions are out of the Office for good?



  27. Links 27/8/2015: ownCloud Desktop Client 2.0, Red Hat Downgraded

    Links for the day



  28. Microsoft-connected Mesosphere Threatens to Eliminate Free Software in the Datacentre

    Hiding behind a misleading 'open' label while actually backed by Microsoft (and based on new rumours may join Microsoft), Mesosphere wishes to eradicate Free and back doors-free software in large datacentres hosting a lot of physical and virtual servers



  29. Microsoft Aggression Against GNU/Linux Amid Vista 10's Failure

    A look at the recent assault on GNU/Linux in Munich and the likely cause for this assault (in such a timely fashion, too)



  30. Message to LinuxCon Regarding Microsoft: “It is Necessary to Get Behind Someone in Order to Stab Them in the Back.” -Sir Humphrey Appleby

    Jim Zemlin, executive director of the Linux Foundation, helps Microsoft gain influence in the Foundation after payments are received


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