Bonum Certa Men Certa

Red Hat: Microsoft Marketed Its Patents for Trolls to Attack Free Software

Breaking in



Summary: Red Hat reveals details about Microsoft's marketing of anti-FOSS patents; other patent news summarised

RED Hat has already asked Microsoft to stop the patent racketeering, but Microsoft carries on with the usual FUD-based aggression while smiling and sending out PR drones like Sam Ramji [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12] and Robert Duffner. "Smiling" as in, "We need to smile at Novell while we pull the trigger," to quote Microsoft's Platform Group Vice President, Jim Allchin.



“...Microsoft may be passing some patents for them to attack Linux without it appearing too suspicious and without Microsoft seeming like an involved party.”Microsoft has some big patent trolls at its disposal and as we argued yesterday, Microsoft may be passing some patents for them to attack Linux without it appearing too suspicious and without Microsoft seeming like an involved party. It was the same with SCO. Larry Goldfarb, a key investor in SCO, said that "Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux." He also said (under oath even) that Microsoft's "Mr. Emerson and I discussed a variety of investment structures wherein Microsoft would 'backstop,' or guarantee in some way, BayStar's investment.... Microsoft assured me that it would in some way guarantee BayStar's investment in SCO."

Red Hat has just published some interesting details that are packed together right here:

Red Hat accuses Microsoft of patent FUD



[...]

Red Hat blogged that the patents acquired by OIN were being marketed by Microsoft to patent trolls.
"It also used marketing materials that highlighted offensive uses of the patents against open source software, including a number of the most popular open source packages," Red Hat blogged. "This looked to us like a classic FUD effort. To unleash FUD, you assemble a lot of patents of uncertain value, annotate them with a roadmap for the companies and products to be targeted with the patents, put the lot in the hands of trolls schooled in patent aggression, and then stand back and wait for the FUD to spread with its chilling effect."


Darryl Taft, who is sometimes sympathetic towards Microsoft, wrote about OIN's reaction. In general, there is so much interest in this from the Microsoft crowd. For example, here is Microsoft's de facto PR person (Fried) trying to set the tone and Mary Jo Foley doing likewise. Her colleague, the pro-Microsoft Gavin Clarke, opens up with the deceiving line which says: "Microsoft has placed a clutch of Silicon Graphics patents in the hands of those trying to defend Linux and open-source against trolls."

It sure makes it sound like Microsoft does something nice, doesn't it?

In the mailing lists that oppose software patents (and support their abolition), one person opined that "it just means that the patents are not worth much more than this PR stunt is for OIN..."

As a reminder from the news:

The Open Invention Network includes IBM, Cisco and HP. The group's web site states that its mission is to work for a "positive, fertile ecosystem for Linux, which in turn drives innovation and choice in the global marketplace".


Another person, whom we shall quote anonymously, argues:

Companies like IBM, RedHat, Canonical, etc. are acquiring as many patents as they can, either directly or with initiatives like OIN. From e.g. Nokia we know that what is at the beginning a defensive strategy can become an aggressive one at any time.

Maybe sooner than later the OIN members start asking 'politely' to provide free software throw them, but not independently. That would be the beginning of the end of the free software movement, and maybe what MS is looking for.

What will be better against FLOSS than to convince to as many FLOSS-players as possible that software patents are very profitable?

Will governments use Debian instead of RedHat if software patents are an issue?


Here is the original report in full and some more coverage of interest:

Microsoft Corp ( MSFT - news - people ) has suggested in recent years that companies using the Linux computer-operating system might be violating Microsoft patents. Now, in an effort to avert any legal threat that might discourage the adoption of Linux, a group of Microsoft rivals is about to acquire a set of patents formerly owned by the software giant.


More here:

# Pro-Linux group closes in on MSFT patents. The Open Invention Network, a group which supports open-source software and includes such giants as IBM (IBM) and Sony (SNE), is nearing an agreement to acquire 22 of Microsoft's (MSFT) patents in an effort to avoid any legal threats that could discourage the adoption of Linux. Microsoft has suggested in the past that the Linux operating system may violate some of its patents. The patents are currently held by Allied Security Trust, which bought the patents from Microsoft earlier this year.


Other coverage did not add much to what was already known and the secrecy surrounding the OIN helps not at all.

Why did open source group buy Microsoft patents?



[...]

As well, since Microsoft licenses some of its patents to Novell (under their patent covenant agreement), those are the patents that I see as being key. It is unlikely that Microsoft has sold any of those core patents as it would invalidate the need for part of the Novell deal.

OIN, whose members include IBM, Red Hat and other key Linux vendors is all about making royalty-free patents available to open source developers.

Whenever the OIN decides to open up and actually be OPEN and talk to more media than just the WSJ, I'm sure the full story will come out (and I'll update appropriately). Either way, this is a win for open source as it removes the risk from 22 patents to developers and users.


The risk will be properly removed (and perhaps permanently mitigated) when mathematics cannot be owned by people and companies. OIN is still legitimising software patents by taking this approach which it always takes. Maybe it's better than nothing, but the companies behind OIN have sufficient influence to challenge the very legality of such patents; unlike the FFII, they typically choose not to do this.

The truth is that some of these companies exploit software patents and use them to their own advantage because they can afford it. As the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] neatly shows, big companies like Microsoft can also ignore software patents whenever it suits them. They are in control of this self-serving system. Here is the latest from i4i: "Plaintiff in Word case says that Microsoft destroyed its business"

It adds later that i4i now operates "almost entirely in the specialized niche market of the pharmaceutical industry," but notes that some of those companies have been unwilling to purchase its product because they can get the functionality within the Microsoft word-processing program.


Oracle's CEO Larry Ellison has already said that Microsoft's business strategy is to "copy the product that others innovate, put them into Windows so they can't be unplugged, and then give it away for free."

In other patent news, Glyn Moody emphasises that "intellectual monopolies [are] not [the] same as innovation," linking to this article from EurActiv. At EurActiv, they often cite the wrong people when it comes to SMBs; for instance, Jonathan Zuck (Association for Competitive Technology) fakes being a speaker for their (SMBs') interests; he is a Microsoft lobbyist.

Intel is another company that's known for its aggression with patents, but even Intel's Andy Grove can be seen once again criticising the patent system/practices. Mike Masnick points it out as follows:

Earlier this year, we wrote about a rather thoughtful analysis of the problems of the patent system by Intel founder and former CEO Andy Grove. His view was that patents separate the important part (the actual innovation) from the "asset" (the patent), and that allows for bad behavior. He compared it to mortgage-backed securities, where the underlying mortgages were completely separated from the "asset," and bad behavior ensued.


Here is another story of a company that arguably revolves around a software patent.

Aviv Refuah, the young CEO of the public Israeli company Netex Corporation, has managed to score a US patent on an internet search option developed by the company he founded that could well force major Internet search players like Google, Microsoft and Yahoo to cough up royalties for future use of the technology.

Refuah, who started the company 12 years ago when he was barely 17 years old, is careful not to overestimate the awarding of the patent and the possible outcome for now, but that didn’t stop the company’s stock from soaring yesterday.


Is licensing -- as opposed to production and servicing -- really valuable output? How about the novelty? What are the economic impacts and the effect on science and technology? These questions are rarely being asked.

Comments

Recent Techrights' Posts

A radical proposal to keep your personal data safe, by Richard Stallman
"The surveillance imposed on us today is worse than in the Soviet Union. We need laws to stop this data being collected in the first place"
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 21, 2025
IRC logs for Tuesday, October 21, 2025
The Fall of Windows: From Something to Nothing
Of course Microsoft will pretend everything is fine and "just trust the hey hi" (AI)
Sounds Like Fedora is Ready to Become Less of a Slave of Microsoft (GitHub)
This seems like a belated move in a positive direction
XBox is a Dead Microsoft Product in a Dying Industry
It's probable that another wave of XBox layoffs is just over the horizon (maybe even before month's end)
Progress on Techrights Site Search
Fun times
IBM's Bluewashing of Red Hat Means the Layoffs Are Silent, Barely Reported
Don't wait to hear about "Red Hat layoffs"
Gemini Links 21/10/2025: Happy Disconnection, AWS Falling Apart, Closing of Gemlog Blue
Links for the day
Full Audio of Today's Richard Stallman Talk in the Technical University of Munich
Free/Libre software and freedom in the digital society
Microsoft XBox is Just Vapourware (Promises of Hardware That Doesn't Exist), Real Products Perish
just as developers lose interest in developing for XBox Microsoft is increasing the costs imposed upon them
Slopwatch: Fake Articles (Slop) in "Linux" Clothing in Google News (Noise)
all about what Google does
Links 21/10/2025: Even "Inventor of Vibe Coding" Rejects Vibe Coding, USPTO Experiments With Slop in Examination
Links for the day
Richard Stallman Talk Now Available for Viewing (Archived Copy, Not Live-streamed)
This recording is over 2 hours old
Links 21/10/2025: AWS-Induced Chaos and Social Control Media Curbs
Links for the day
Gemini Links 21/10/2025: Programming, StarGrid, Brand-New Palm OS Strategy Game in 2025, and Chatbot as Addiction Mechanisms
Links for the day
The African Lion and the American Cowards
Safaris exist for people to watch and enjoy animals
Amazon Web Shenanigans Perfectly Timed for Today's Talk by Richard Stallman
Maybe listen to him instead of looking for excuses to ridicule the messenger
Mission:Libre Has Taken Off (Project by Carmen Maris)
there will be a lot more to report on next month (after the event)
Techrights to Publish More EPO Leaks Next Week
We're meanwhile also doing lots of work on search, whose interface now looks better
Links 21/10/2025: 'The Lost Art' of Neon Signs and Twitter (X) to Enable Identity Theft (or Handle Theft) as a Service
Links for the day
Plagiarism With LLM Slop: Hindustan Times (HT Digital Streams Limited) Has Become a Slop Factory/Hub
What a disgrace
Next Week We Launch Search at Techrights
We're planning to launch it some time next week. Maybe Tuesday, maybe Thursday.
Talk by Richard Stallman Will be Live-streamed in Less Than 10 Hours
Happy hacking
"No Kings" in the Software World (GAFAM Should Not Exist, Either)
"No Kings" is a good slogan. Let's start by ridding ourselves of masters, not only those who reside in DC or visit DC
Every Morning
Bugs/edge cases combined with automation can spell disaster
Insane, Deliberately Dishonest, or Just Another Bigot?
very intellectually-dishonest human being
A Lot of Techrights is Built on Perl
Perl also runs the sister site
The Register MS Selling Slop for Microsoft (Vapourware, Ponzi Scheme, False Claims)
What will be left of The Register MS if it keeps repeating falsehoods and looking to profit from Ponzi schemes?
analytics.usa.gov Says Less Than 14% of Web Requests (to Government Sites) Come From Vista 11
Vista 11 was released more than 4 years ago!
People Who Attempt to Take Down Correct Information Need a Doctor a Day
“Journalism is printing something that someone does not want printed. Everything else is public relations.” ― George Orwell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 20, 2025
IRC logs for Monday, October 20, 2025
Vista 11 is Sinking While Microsoft is PIPing (Mass Layoffs But Silent Layoffs)
We're witnessing a shift in platform dominance
Richard Stallman is Having a Good Week Already (Stallman Was Right About 'Clown Computing')
That alone is worth bringing up in his talk
An Update About Soylent News, With Jan Rinok "Back in the Saddle"
Burnout or "near burnout" a possibility when having to curate abuse
When Prominent GNU/Linux Distros Are Run by Spies
What has Microsoft Canonical become?
More Publishers and Companies Nowadays Say "GNU/Linux", Not "Linux"
It's not to see InstallAware saying GNU/Linux this week
Google News is Now Promoting a Parasitic Slopfarm Called "findarticles.com", Where Plagiarism of "Linux" Articles is Rampant
Does Google even care about the slop epidemic? Google itself is a vendor of slop now (and it calls it "Gemini")
Gemini Links 20/10/2025: Pumpkin Carving, "Hey Hi", and Other Buzzwords
Links for the day
Slopwatch: Google News Promoting Fear, Uncertainty, Doubt (FUD)
What is the value of Google News if so many results in it are fake 'articles?
Rejecting 'Snoop-Phones' and Turning "Old" Phones (or Tablets) Into Freedom-Respecting Appliances
Paul Fernhout (pdfernhout.net) wrote back to Akira Urushibatathis this past weekend
Our Uptime This Year Was Better Than AWS (Also a Lot Cheaper)
We never used "the cloud"
Amazon Web Shenanigans
An ongoing, experimental endeavour
Death of Elias Diem: FSFE mailing list archives hidden
Reprinted with permission from Daniel Pocock
Links 20/10/2025: Louvre Museum Reveals Weakness, About 7 Million Protest US Turning Into Oligarchy/Monarchy
Links for the day
They Should Have Listened to Techrights Over a Month Earlier (Xubuntu Site Compromised)
we reported this issue about 40 days earlier and nobody did anything about it
Richard Stallman to Give Another Talk Today in Bavaria (Bavarian Academy of Science)
Tomorrow at 6 PM he speaks in Munich
Apple is the Company of Dictators and Worse
Apple is just another greedy corporation in search of sweatshops and even pedophiles (especially the high-profile ones)
Counting Unhatched Eggs Is Not Counting Chickens
Everything here will persist as normal
Barry Kauler Explains That Puppy Linux and EasyOS Exclude Systemd to Keep Things Simple
Barry Kauler's Puppy Linux is in the community's hands. He now focuses on EasyOS and more.
The "Infinite Bread"
The biblical story of Jesus feeding the 5,000 has software parallels
Half a Year After Brian Fagioli Got Kicked Out of BetaNews for Slop He's Still Doing LLM Slop and Slop Images Targeting 'Linux' (Plagiarising Original Works)
If the Web gets polluted or flooded by slopfarms such as these, and Slashdot then sends traffic so these slopfarms (Slashdot probably doesn't do this intentionally), then real writers with real knowledge of GNU/Linux will lose the spark for publishing
In Many Cases and in Many Different Ways, Technology Became Less Durable and Less Reliable Over Time
The "modern" things are more complex. And complexity is a foe or reliability and repair-ability.
Microsoft's LinkedIn is Losing Money, Traffic, and Hope; Now It Wants to Sell Its Users' Lifeblood (and Data)
Let this be a reminder of what social control media really is about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 19, 2025
IRC logs for Sunday, October 19, 2025
Campaign of FUD Against Framework Laptops and GNU/Linux (Using Microsoft's Attack on Linux, 'Secure Boot')
Ritual Defamation Cult has turned its attention over to Framework
Microsoft Lunduke: Freedom of Speech Means Spreading What I Have to Say and Banning People I Disagree With
4Chan is one he aims for and he is siccing 4Chan trolls at people he doesn't like
Liberation From 'The Feed'
They rank things based on the editor's choice/ideology (he or she knows the sponsors, hence the masters)
Microsoft's Killing of Vista 10 Seems to Have Resulted in More Articles About GNU/Linux (But Also FUD)
We not only saw a rise in traffic, we also saw a remarkable rise in the number of articles