Bonum Certa Men Certa

A Glimpse Back at Red Hat's and Novell's Stance on Software Patents in 2005

Piggy bank OIN



Summary: In hindsight, it is claimed that Red Hat too has an ambivalent view on the subject of software patents, at least historically; Novell, as expected, is not against software patents

"Webbink (then Red Hat) [was] in favor of [the European] software patent directive." We have just learned this from Florian Müller, who is referring to incidents going half a decade back. Could it possibly be true? Let's look at what we know.



We found the above claim curious if not contradictory because Mark Webbink expressed his opposition to software patents as he was leaving Red Hat a few years later. He made a video on the subject. In many ways, Red Hat follows IBM's lead and may sometimes inherit the path chosen by IBM, which is of course in favour of software patents. On the subject of software patents at Red Hat we wrote last year:



Here is a video of Mark Webbink speaking about software patents. He doesn't seem to like them at all.

"Concerning Mark Webbink (then with Red Hat, now involved with SFLC and other organizations), a couple of web pages still contain the text of a post I published on my old "NoLobbyistsAsSuch" blog in 2006," wrote Florian. Here is the text (no longer at its original address, so we wish to preserve it):

Evidence for Mark Webbink’s pro-patent directive lobbying on July 5, 2005

In my previous blog article, I mentioned the fact that Red Hat’s deputy general counsel, Mark Webbink, lobbied in the European Parliament on July 5, 2005 (the day before the EP’s decisive vote to reject the software patent bill) to keep the software patent directive alive.

I had not anticipated the kind of Internet debate that this statement would trigger, including some insulting emails that were sent to me, and least of all I would have expected Mark Webbink to call into question the “veracity of [my] statements”, which is what he did in the discussion below this LWN.net article. He knows exactly what he did.

The word “motivations” also appears in that posting. It’s really simple: on the occasion of a patent suit having been filed against Red Hat, I thought it was time to tell the truth. Especially the free and open source software (FOSS) community should know where certain key players stand. That will better enable people to take a critical perspective on such initiatives as the OSDL Patent Commons.

Contrary to what Mark Webbink claims, my related statements are not “unverifiable”. What he did on July 5, 2005 is a well-documented fact, and here’s some evidence:

From: [name and address of adviser to Michel Rocard MEP deleted] Sent: Monday, October 31, 2005 2:53 AM To: Florian Mueller Cc: europarl-help@ffii.org Subject: Re: Economist article — coordinated response needed

[cut] Yes. The day before the vote, as I had been considered by them as somewhat connected to Mr Rocard 8^) , I have been quite heavily lobbied by a group comprising Mrs Thornby-Nielsen (Sun), Mrs Moll (Google), Mr Webbink (RedHat) and Mr Cox (IBM). All four had basically the same concerns [cut]

I have removed parts of the email and in particular the name of the author, further to his request. He would prefer to stay in the background, like many political advisers do. But europarl-help@ffii.org is a key mailing list of European anti-software patent activists, and dozens of people received that email directly. No one will seriously question its authenticity.

And here’s an important excerpt from a follow-up email:

From: [name and address of adviser to Michel Rocard MEP deleted] Sent: Monday, October 31, 2005 1:44 PM To: Florian Mueller Cc: europarl-help@ffii.org Subject: Re: Economist article — coordinated response needed

[cut] > They were against the rejection deal, right? I know that Mark W. and > Charlotte T.-N. didn’t want rejection.

It seemed so to me. All of them. Basically, it seemed to me they were not likely to have no sotware patents at all. The interpretation I gave Mr Webbink was that it is not culturally acceptable, for most people that come from the legal and patent world, to reject a system from which one can make some money… [cut] I believe the above should eliminate all reasonable doubt about what happened that day. While the FFII and I were asking everyone we knew in the European Parliament to reject the proposed software patent directive, Red Hat’s Mark Webbink, along with representatives of IBM, Sun and Google, pushed in the opposite direction.

So what did he really want to achieve? Someone pointed me to an article Mark Webbink wrote and which in its paragraph #20 refers to the EU software patent directive. He asks for a definition of the term “technical contribution” (a key term in patent law) that “will eliminate the vast majority of business method patents and will restore a substantial non-obviousness test to software patents”. If you read that carefully, it means he accepts software patents per se. He’d just like to raise the bar a little bit, and the FFII and I and all others who know how substantive patent law is applied in practice can tell you that defining “technical contribution” properly would not be a sufficient measure. It would just have the desired effect as part of a coherent framework of patentability criteria. Otherwise it’s like a bucket has five holes and you close one: all of the water will still go through the other holes.

In the same article, and in the Red Hat/Sun position paper that Mark Webbink published again on LWN.net, a lot of emphasis is put on an interoperability privilege. That, again, means to accept the patentability of software per se, but to demand a carve-out for certain purposes. To the FFII and myself, interoperability was not even a secondary priority. We focused on the definition of what is patentable and what is not. If software is not patentable at all, there’s no pressing need for an interoperability exception as far as we’re concerned. Interoperability was exactly the area in which the pro-software patent forces were most wiling to make a concession if it allowed them to win the wider battle.

Finally, I’d like to reiterate what I said in my previous post: What Mark Webbink did behind the scenes is not necessarily Red Hat’s position as a company, even though Red Hat has entrusted him with patent lobbying. There are many people at Red Hat who clearly oppose software patents, and who opposed the EU software patent directive, most of all Alan Cox.


People can judge the claims above knowing that they came from someone who pushed for abolition.

We previously wrote about IBM as a key player in OIN, but Florian names six key companies, Novell and Red Hat included. "I'll also mention some things concerning the positions of its backers on software patents, such as what Novell told EU politicians in 2004," Florian wrote. Yesterday he posted his analysis of OIN, which is interesting.

Only six companies call the shots

The OIN's name starts with an utterly misleading term: "open".

In reality, the organization is owned and run by a closed circle of six companies, some of whom have a terrible background concerning software patents:

* IBM (the world's largest patent holder and one of the most ruthless ones, recently in the news for betraying its own "patent pledge" by infringement assertions made against open-source startup TurboHercules)

* Philips (a company that once benefited from the temporary abolition of patents in its country but later lobbied extremely aggressively for software patents, left the World Wide Web Consortium because of the latter's royalty-free patent policy, and threatened politicians with killing software development jobs in Europe if they weren't going to allow software patents, even though patents are always related to a target market in which they're valid and 100% independent from where in the world the patented invention is made)

* NEC (a large patent holder)

* Sony (a large patent holder)

* Novell (which never supported any serious push against software patents and instead told EU officials in 2004 that it liked software patents a lot except that a proposed EU law on them appeared to limit "customer choice" a bit too much)

* Red Hat (which lobbied to keep the aforementioned EU bill alive when we had already formed a majority for its rejection, and which partners with IBM on a number of initiatives that appear to protect FOSS but are either ineffectual or even potentially harmful)

[...]

So what is the OIN good for?

The fact of the matter is that today, almost five years after its foundation, the OIN still hasn't proven its ability to help any Linux (or other FOSS) company in any meaningful way. Totally unsubstantiated and illogical claims by propagandists aren't a substitute for a single convincing success story. That success story would have to consist in some company potentially hostile to open source (and with a dangerous patent arsenal) accepting the OIN's licensing terms. That hasn't happened and I have serious doubt that it ever will.

The OIN continues to buy patents at auctions that might otherwise be acquired by regular trolls. At first sight, that may sound good. But given the intransparent and arbitrary structure of the OIN, it's not clear whether that's actually the lesser or the greater evil than a conventional troll. In the end, the OIN is under the control of those six companies who could decide to use some of those patents against competitors, including FOSS competitors. By controlling the definition of what the OIN calls the "Linux System", they can always ensure that their competitors don't benefit from it, even if they were or became OIN licensees.

Buying those patents at auctions is really expensive. So far the OIN has spent hundreds of millions of dollars. Given the way businesses operate, that's not the amount of money that one would spend unselfishly. Instead, that level of investment, intransparency and unbalanced rights suggests ulterior motives, if not a long-term hidden agenda.


The analysis above leaves out players such as Google and Oracle (also in OIN). In the mean time, more patent pools are being created for Linux and there are also entities such as RPX. None of these entities strives to end software patents (certainly not Peer-To-Patent, either); they are only aggregating and/or endorsing them. As Carlo Piana put it last week, “the *only* solution is abolition NOW.”

The bottom line is that Red Hat could do more to end software patents as OIN is not enough. OIN is a symptom of a problematic framework and it's that framework which needs to be tackled.

Recent Techrights' Posts

Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
 
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026
IBM Down to $211.20, the Market in General is Up
No recovery for IBM today
UEFI 'Secure Boot' Still Not Secure in 2026, New Holes (or Bypasses) Still Being Found
In 2026 there are still many people who call it "secure" and pretend to themselves that it is about security. It's not. It never was.
Gemini Links 15/07/2026: Lab 6, Retrospective 2, and "Getting Back Into Gemini"
Links for the day
Links 15/07/2026: "Gianni Infantino Under Fire" and "Todd Blanche's Record Raises Alarming Questions About the Future of the US DOJ"
Links for the day
Allegedly More IBM RAs (Mass Layoffs) Same Day the Stock Crashed
No paper trail, so it never happened, right?
Techrights Was Right: Microsoft's Layoffs Tally Was False, Far More People Are Being Sacked
"The Xbox Bloodbath Is Actually Way Bigger Than It Seems"
Get Ready for Increase in PIPs and RAs at IBM, Red Hat, and Other Companies Devoured by IBM
IBM's "market cap" has just fallen to 199 billion dollars and it has about 70 billion dollars in debt
IBM Sinking to Lowest Levels Since 2024, But Will Any Executives Be Arrested for Securities Fraud?
52-week high of $332.46 and now down to $212.94
Microsoft Whistleblowers Say "The Entire Thing is Going to Fall Apart" and There Are "No Benefits" to Being Part of Microsoft
"Multiple sources, who chose to remain anonymous for fear of reprisal"
IBM's Crash Continues Today
Stocks go up and down, but they don't typically go down by over 25% in a single day
Like Kyndryl, Multiple Securities Fraud Investigations Into IBM
Remember what happened to Kyndryl
How Long Before GNU/Linux is Measured at 20% in Chad?
The main way to get people to adopt Vista 11 is to sell them a new PCs and in poor countries it happens a lot less
Making Techrights Faster Down Under (Australia and New Zealand)
there's more to life than speed
Strikes at the EPO Approved for the Rest of the Year, "€1,3 Billion Taken From Staff Income"
Intensity can be revised and increased over time
Focusing on What We Really Ought to Focus on
Today we'll focus mostly on EPO affairs
Violence is Not a Joke
"Police say Widdecombe killing was targeted but motive remains unclear"
How to Properly Measure the Performance of a Patent Office
A "contribution from staff [which] is published by SUEPO Munich."
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026