Bonum Certa Men Certa

Microsoft is Paying Red Hat Foe Acacia and Bruce Perens Criticises Red Hat Over Acacia NDA

Key



"Microsoft hardly needs an SCO source license. Its license payment to SCO is simply a good-looking way to pass along a bribe..."

--Bruce Perens



Summary: Red Hat pressured but not vilified for the fact that it signed some deal with patent troll Acacia, locked it in a box, and hid away the key, leaving some developers in a state of uncertainty

We have already done quite a lot to pressure Red Hat to unseal the Acacia settlement [1, 2, 3]. Other did the exact same thing. It was all in vain.

Bruce Perens is now increasing the pressure on Red Hat. He explains why software patents -- the main subject of Techrights since its beginning -- is the main problem software freedom faces (a point we made many times before).

One pro-patents guy (for professional reasons) agrees with our assessment at the time and refers to this new piece from Bruce Perens, who was raining on Novell's parade a few years ago (Perens is more of a Debian person).

In this specific example, Perens echos the concern that Red Hat’s actions may have strengthened Acacia, and placed developers building JBoss related applications in a worse position by “validating” Acacia’s patent. Of course, the real issue is that no one knows (other than Acacia and Red Hat). The consequent confusion and uncertainty is benefits no one. For example, its possible that Red Hat obtained a license that specifically authorizes developers to build applications without fearing legal claims from Acacia. Its also possible that the legal doctrine known as “exhaustion” bars any relief that Acacia might have against downstream developers.


For those who do not remember, Microsoft has been paying Acacia on a few occasions, most recently because ACCESS had some sort of an alliance with Acacia. In his blog, the ACCESS mobbyist everyone likes to hate is now admitting being a "patent troll" too. This ought to explain those personal attacks against Richard Stallman, no? Anyway, Stallman's colleague Bradley Kuhn comments on Perens' piece as well. He starts by stating:

Bruce Perens and I often disagree about lots of things. However, I urge everyone to read what Bruce wrote this weekend about software patents. I'm very glad he's looking deep into recent events surrounding this issue; I haven't had the time to do so myself because I've been so busy with the launch of my full-time work at Conservancy this fall.

Despite my current focus on getting Conservancy ramped up with staff, so it can do more of its work, I nevertheless still remain frightfully concerned about the impact of software patents on the future of software freedom, and I support any activities that seek to make sure that software patent threats do not stand in the way of software freedom. Bruce and I have always agreed about this issue: software patents should end, and while individuals with limited means can't easily make that happen themselves, we must all work to raise awareness and public opinion against all patenting of software.

Specifically, I'm really glad that Bruce has mentioned the issue of lobbying against software patents.


It's probably just better to read Perens' piece, including the comments (there is a discussion in Slashdot too, not to mentioned LWN). To quote some parts of the analysis:

When patent troll Acacia sued Red Hat in 2007, it ended with a bang: Acacia’s patents were invalidated by the court, and all software developers, open-source or not, had one less legal risk to cope with. So, why is the outcome of Red Hat’s next tangle with Acacia being kept secret, and how is a Texas court helping to keep it that way? Could the outcome have placed Red Hat in violation of the open-source licenses on its own product?

The suit in question — Software Tree LLC v. Red Hat, Inc. – claimed that JBoss, the well-known Java web software, infringed upon U.S. Patent No. 6163776 (PDF), which essentially claims invention of the object-relational database paradigm. In that paradigm, an object in an object-oriented software language represents a database record, and the attributes of the object represent fields in the database, making it possible for programmers to access a database without writing any SQL. It’s a common element in most web programming environments today.

The patent was originally filed by Software Tree Inc., a database software vendor. Acacia acquired Software Tree’s patent portfolio (with terms undisclosed) and formed the Acacia subsidiary Software Tree LLC, which pursues lawsuits against other companies and does not produce any products. Most of the press was misled by the similar names of the two companies and provided links to Software Tree Inc. in their reporting.

Soon after the judge produced a finding on claim language, a first step in such cases, Acacia filed a press release announcing that the parties had settled, while Red Hat gave a terse acknowledgment. But a month later, there has been no announcement of the terms of the settlement by either party. Open-source developers are especially concerned, because the license on the JBoss software, the Lesser General Public License (LGPL), contains language that prohibits one party from licensing a patent unless that license is available to all developers of the software.

[...]

Richard Stallman has said, “There’s no way to cure malaria by swatting mosquitoes — you have to drain the swamp.” Meaning that the solution is to fundamentally change the law so that free software and open source are protected from software patenting. But even Stallman’s legal counsel, Eben Moglen, acknowledges this is a lofty goal: “We can’t drain the swamp in the near future. So we need effective public hygiene that isn’t based on draining the swamp. What it will take is careful, constant, expensive, and difficult attempts to make the patent system part of the coexistence between freedom and business instead of a constant irritant and threat.”

For leaders like Moglen to discourage direct lobbying against software patenting probably won’t help to drain the swamp, either. The open-source community must start to take the problem of software patenting seriously, and must hold its commercial partners responsible to invest more of the profits made from open source into protection of the right to produce it.


It was not just Techrights advising Red Hat never to sign NDAs again (as it harms trust within the community and in turn hurts Red Hat). But in any case, Red Hat should find a way out of its NDA and just tell us what it has been trying to hide because as it stands, Red Hat provides ammunition to Microsoft and its mobbyists. They won't leave it alone.

Recent Techrights' Posts

Dr. Richard Stallman in Ada Lovelace Lecture Series 20 Hours From Now in Lucerne School of Computer Science and Information Technology (Rotkreuz)
Well-connected and affluent corporations want everything to be controlled by them, ranging from culture to words and news
 
Gemini Links 05/03/2026: Industrial Panettone, Cancel, and LLMs
Links for the day
It's Not "AI", IBM is Collapsing Due to Financial Difficulties, "All Small Country Offices Will Close"
IBM is in trouble. Insiders know it.
"AI Companies" Running Out of Money, GAFAM Layoffs Are Signs of Weakness, Not "AI Efficiency" or Novelty
In the past, this term ("AI") had another meaning and connotation
Libel/Defamation Law Does Not Exist to Cover up Crimes
The projection tactics are nothing new
Myanmar/Burma: Growing Acceptance of GNU/Linux, Big Losses for Windows
GNU/Linux has come close to 5% there
Without IBM, Microsoft Would Not Have Taken Off. Both Companies Need to be 'Taken Down'.
Maybe it's time to boycott IBM as well
'Former' Red Hat Staff Upset That Techrights Covers IBM Accounting Problems
Are we touching a sensitive subject at IBM?
Ubuntu is Controlled by a Youngster From the British Army (Background in Mass Surveillance), So One Can Expect Ubuntu to Not Respect Privacy
"Canonical is aware of the legislation and is reviewing it internally with legal counsel"
IBM Hates Computer Freedom. This Means Red Hat Too is an Enemy of Software Freedom.
A summary of Fedora's position when it comes to "attestation"
IBM Union Says Many IBM Layoffs in Europe, With Netherlands and Belgium Confirmed, Allegedly Italy Soon (200 Layoffs)
IBM's demise will harm Red Hat and already harms Red Hat, according to whistleblowers
Microsoft and Microsoft's 'Open' 'AI' Seeking Bailout From the Pentagon Means Brand Erosion
Microsoft and its offshoots growing more and more dependent on military ("defence"; "Department of War") budget
Another EPO Strike a Fortnight From Now, Local Staff Committee Munich (LSCMN) Shares 127-Page Document Explaining How Policies Impact EPO Staff
The Office is circling down the drain
Microsofters' SLAPP Censorship - Part 3 Out of 200: A More In-Depth Breakdown
presents the narrative in a less chronological and more logically coherent fashion
2026 Seems Like (Potentially) the Last Year of Slop Drowning News Sites
Sites that do so perish [...] It's getting hard to find slop in news sites which cover "Linux" because many gave up
Links 05/03/2026: New LexisNexis Data Breach Confirmed, "Goldman Sachs Head During Financial Crisis Says He “Smells” a Similar Crash Coming"
Links for the day
"Silent Layoffs" or "Forever Layoffs" at IBM and Red Hat (After Bluewashing)
Like every day (all day long) we can see people who leave IBM and say something that's based on a 'script'
Free Software Foundation (FSF) and Others Promoting String of RMS Talks, Starting Tomorrow in Lucerne School of Computer Science and Information Technology
Well done, FSF!
Links 05/03/2026: A Bet Against Substack, American Government Openly Hostile Towards Environment
Links for the day
Gemini Links 05/03/2026: Greed and Sentiments Shifting Against Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 04, 2026
IRC logs for Wednesday, March 04, 2026
FSF Promoting Richard M. Stallman (RMS) Talk in Switzerland in Just Over a Day From Now
RMS may have more talks on the way
Why Slop Will Flop - Part IV - We've Seen the End of It
Some years ago they insisted blockchains would revolutionise everything
Android is Proprietary 'Linux' and It Becomes More Malicious Over Time, Google Only Delayed What It Planned All Along
Google is a proprietary software giant, GSoC is only a distraction and confusion
Links 04/03/2026: Scam Altman Causes Chatbot Sub Numbers to Plunge, "Stocks Drop as Inflation Risk Emerges"
Links for the day
Why Slop Will Flop - Part III - Our Relationship With Slop (and Yours)
I never - except inadvertently - "used" an LLM-based chatbot
Why Slop Will Flop - Part II - Devil in the Details
News sites or social control media sites which tolerate slop are digging their own grave
Simpler Means Faster
Do you know your bottlenecks?
Gemini Links 04/03/2026: About a Missing Symbol and "Good Manners"
Links for the day
The Register MS Takes Money From Chinese Surveillance Threat to Promote a Ponzi Scheme
"Sponsored by Huawei."
Nicaragua's GNU/Linux Usage Measured at Over 8% by statCounter
Nicaragua is a poor country, but it also has rich culture
Why Slop Will Flop - Part I - Slop Fatigue Prevalent
See, sooner or later people (audiences of colleagues) find out and as soon as they find out you are slopping, they will lose interest
Microsofters' SLAPP Censorship - Part 2 Out of 200: Detailed Timeline From 2012 (Attack on Reporters That Question Restricted Boot) to 2024 (Lawsuit Against Reporter and His Wife in Another Continent)
we reproduce a document produced 2 years ago to give people more context and more facts
Links 04/03/2026: "The EU moves to kill infinite scrolling" and a call to "Nationalize Amazon"
Links for the day
Coming Soon: Evidence of Abuse in Our IRC Network
IRC's freedom can sometimes be its 'weakness' if not properly guarded
High GNU/Linux Adoption in Brunei Darussalam
It's worth noting (or at least noticing) that Microsoft loses ground in some of the countries where the government contracts paid the most
Media Blackout Reducing or Preventing Press Coverage of Microsoft Layoffs in 2026
Worse yet, there will be gaslighting and deceit
GNU/Linux in Laptops/Desktops Still Matters, It's Likely the Only Way to Achieve Software Freedom
Software Freedom requires all sorts of things at the "OS level"
Gemini Links 04/03/2026: The Garnet Star, The Hunt, The SYN Attacks
Links for the day
The EPO's General Consultative Committee (GCC) Discussion Illuminates How Much Worse Things Have Gotten ("on Strike and Participated in the 'Meeting'")
a videoconference - not a physical meeting - discussed EPO policies
Free Software Foundation Supports Its Founder, Advertises His Talks in Switzerland
When you suppress voices, assuming the reasons for suppression are bunk, it is always bound to backfire very badly
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 03, 2026
IRC logs for Tuesday, March 03, 2026
Over 1,500 EPO Workers Went on Strike Last Week
a new publication which celebrates some accomplishments of industrial actions and calls for further actions
Madame Streisand Wanted to Censor The Web, Instead She 'Created' a New Term, "Streisand Effect"
It is basically an own goal
Solicitors Regulation Authority (SRA) Failed to Detect Fraud in Law Firms... Until It Was Too Late
Earlier today we contacted some more politicians about this and received mail from them as well
Our EPO and IBM Coverage Bears Fruit
In case insiders want to get in touch with us, please ensure or at least try doing so securely
Defending Women Isn't a Crime, Everybody Can Agree on That
Their culture is unlike ours
EPO "Cocaine Communication Manager" - Part VI - Influx of Spaniards and Portuguese Workers (+77%) at Europe's Second-Largest Institution, Led by the 'Alicante Mafia'
There is now data supporting this assertion, new and complete data in fact
Links 03/03/2026: "Scam Altman in Damage Control" and Oil Traffic Disrupted
Links for the day
Gemini Links 03/03/2026: Phones, LLMs, and Changes on the Web
Links for the day
Richard Stallman Confirms Talk in Bern Next Week
Dr. Stallman has just formally confirmed his third talk this month in Switzerland
Nobody is Safe at IBM (or Red Hat)
There is no job security at IBM
GNU/Linux at All-Time High in Guam
there are many computers in that island
Bad faith: Hugo Roy knew FSFE impersonating FSF before French tribunal, colleagues deceived
Reprinted with permission from Daniel Pocock
Microsofters' SLAPP Censorship - Part 1 Out of 200: Claim No. KB-2024-001270 in a Nutshell
abuse of process by a law firm working for an American who was arrested for strangling women and another American whose own spouse calls a "rapist"
When EPO Team Managers (TMs) Are Harassing People Who Strictly Apply the European Patent Convention (EPC) in Patent Examination
There are two strikes planned for this month
Confirmed: Using Slop Gets You Fired
Let the story of Benj Edwards be a cautionary tale
Links 03/03/2026: "No one wants to read your AI slop" and "chatbots in the kill chain"
Links for the day
EPO and "Equivalent to More Than 100 Days of Strike"
The industrial actions continue and already have a positive effect
Streisand Effect, the Microsoft Way
Microsoft has once again proven the Streisand Effect
Keeping Track of IBM Layoffs in March 2026
IBM depends on bribery
GNU/Linux Measured at 7% in Yemen
Windows is too hostile and dangerous
Links 03/03/2026: Security Breaches, Iceland Wants EU Membership, and "Wall Street–Backed Lawmakers Want to Help Banks Gouge You"
Links for the day
Queensland Health Payroll System: IBM billion-dollar-blowout inquiry
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 02, 2026
IRC logs for Monday, March 02, 2026
Gemini Links 03/03/2026: GrapheneOS and Keyboard Shortcuts
Links for the day