Bonum Certa Men Certa

Red Hat is Chastised For Playing Along With Microsoft's Patent Scheme Rather Than Challenge the Patents Like Google and the Alice Case Did

China has already made publicly known which patents Microsoft uses against Linux/Android

Nixon visit to China
Context: 1972 Nixon visit to China [1, 2]



Summary: Criticism of Red Hat's approach to dealing with Microsoft spreads to more sites, especially those that understand the impact of patents in this area

WE REALLY wanted to avoid further commentary on the Microsoft-Red Hat deal, but another shallow article has just come out, this time from Linux Insider (not necessarily a Linux-friendly site). The authur says nothing about patents, which is often what’s missing from all the puff pieces about this subject.



"Well, Richard Nixon was at least opening up to trade. In the case of Red Hat, it opens up other companies to potential patent lawsuits from Microsoft."Over at FOSS Force, a pro-FOSS site, Larry Cafiero wrote: "Red Hat and Microsoft on Wednesday announced a partnership that will allow businesses to deploy Red Hat’s open source software on the Microsoft Azure cloud. From news reports, the deal makes Red Hat the “preferred choice” on Microsoft Azure, Redmond’s infrastructure-as-a-service platform. Make what you will of this. Me? If you know my distaste for what’s nebulously called “the cloud,” I’m just walking away from it, though the one comment I read in one story comparing this to Nixon going to China is probably the best comparison."

Well, Richard Nixon was at least opening up to trade. In the case of Red Hat, it opens up other companies to potential patent lawsuits from Microsoft. We have already explained this in 5 articles, namely:



Florian Müller, who had worked as a patents spinner for Microsoft (for a while), was very hard on Red Hat. He wrote that "Red Hat hopes to leverage patents to cement its Linux market leadership [with the] Microsoft deal" and makes a claim similar to claims we have been making here for over half a decade. "I've been saying for years," he wrote, "that Red Hat is utterly hypocritical when it comes to patents. It has a history of feeding patent trolls and fooling the open source community. There is, to put it mildly, no assurance that all of its related dealings actually comply with the GPL."

This is exactly our concern and unless there is transparency from the "Open Organisation", we don't know for sure. The patent "standstill" does not extend to companies other than Red Hat, so where does that leave even CentOS users (Techrights uses CentOS)? "Red Hat now wants to tell Linux users," Müller explains, "that the way to be protected with respect to patents is to use Red Hat Linux. "Reduce your exposure, buy from us." That is a way of seeking to benefit from software patents."

That's similar to what Novell did, but secrecy makes it harder to know what really goes on here.

“If you know my distaste for what’s nebulously called “the cloud,” I’m just walking away from it, though the one comment I read in one story comparing this to Nixon going to China is probably the best comparison.”
      --Larry Cafiero
"I want to give Simon Phipps credit," Müller wrote, "for distinguishing between the positive and not so positive ramifications of this partnership from an open source point of view. The Open Source Initiative is an organization on whose board Simon Phipps serves with, among others, a Red Hat lawyer.

"Without the Red Hat connection, Simon Phipps would presumably have criticized Red Hat clearly as opposed to just making it sound like Microsoft should do more. He says Microsoft should relinquish its patent rights because that's how he defines "love" for Linux. However, he doesn't talk about what Red Hat could have done. Red Hat could have challenged any Microsoft patents that allegedly infringe Linux: in court (declaratory judgment actions) and through reexamination requests. That course of action would have done free and open source software a greater service than a deal."

In Twitter, Müller goes on and chastises the FSF, SFLC etc. for not criticising Red Hat (because of financial ties). This very much reminds us of the reluctance to criticise systemd, which is mostly Red Hat's own creation. Red Hat's clout in the community almost makes it immune to criticism.

"Google-Moto defended Linux against MSFT's patent infringement allegations in court and won," Müller wrote in Twitter, whereas "Red Hat decided to benefit from them."

He said that "GPL enforcers like Harald Welte should sue Red Hat for alleged breach of the GPLv2 patent clause, arguing a covenant not to sue is a license" (we don't know if there is such a covenant because the "Open Organisation" is still quite secretive about it).

"Android," he says, "not Red Hat, is the #1 Linux distribution. Google, not Red Hat, is the #1 defender of Linux against Microsoft's patents."

As we said at the very start (hours after the Microsoft-Red Hat deal had been announced), Red Hat's actions are defeatist and dangerous. They come at a time when, at least in the US, software patents rapidly lose their teeth anyway.

“"It's one thing to be a Linux parasite. It's another to be a Trojan horse. And the worst option is to be both at the same time.”
      --Florian Müller
According to Patent Buddy, citing the Bilski Blog, "Sue L Robinson, the Patent Killer Judge, Has Not Held a Single Patent Valid under 101/Alice" and even at the capital of patent trolls, "E. Dist. Of TX has Alice / 101 Invalidity Rate of 34.8%" (that's pretty high for such a corrupt district).

To quote the Bilski Blog: "There have been 34 district court decisions in the past two months, but the percentage of invalidity decision is holding constant at 70.5%. The number of patent claims invalidated is now over 11,000, but also holding steady at around 71%.

"There have been no new Federal Circuit Section 101 decisions, but we're going to see a flurry of activity in the next couple of months, as the court has recently heard oral argument in a number of patent eligibility cases, and more are on calendar for November.

"Motions on the pleadings have soared, with 23 in the past two months alone, and the success rate is up a tick from 70.1% to 71.4%.

"PTAB is a bit mixed: the CBM institution rate is down from 86.2% 83.7%, but the final decision rate is still 100%, with 6 decisions in the past two months invalidating the patents in suit."

Red Hat could make use of what Bilski Blog called #AliceStorm (referring to the avalanche of software patents) to basically invalidate a lot of Microsoft's software patents. Instead, Red Hat reached a patent agreement with Microsoft.

Müller's analysis ends with strong words that we don't agree with but are worth quoting nonetheless: "It's one thing to be a Linux parasite. It's another to be a Trojan horse. And the worst option is to be both at the same time."

Recent Techrights' Posts

Amended Input From Software Freedom Institute for EU Consultation on Free Software
"On 3 February 2026 Software Freedom Institute lodged a submission with the European Commission's inquiry into Open Digital Ecosystems"
Nadella's Mindless PR Spam Ahead of the Layoffs 'Snowball' (Adding Up Batches) Turning Into an Avalanche
Based on recent observations, the more puff pieces we see about Nadella, the closer we get to Microsoft "pulling the trigger" on mass layoffs
When Happens to Red Hat If (or When) IBM Collapses
IBM is in flux because its CFO is now implicated in what seems like accounting fraud
With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
A "horrible week (hebdomada horribilis?) for the Solicitors Regulation Authority" (SRA)
The SRA is part of the SLAPP problem
EPO's Central Staff Committee (CSC) on EPO Social Dialogue
They've refrained from mentioning the industrial actions
The Register MS is Promoting Ponzi Scheme for Financial Fraud/Accounting Fraud Company, The Register MS Gets Paid to Do This
Published 6 hours ago
IBM's Kyndryl Managed to Fall to Less Than a Quarter of Its Past Year's High
Imagine IBM falling to $75
Links 10/02/2026: Media Freedom Feels Dead in Hong Kong and Grammys, Superbowl Becoming Politics
Links for the day
IBM RAs (or PIPs) in London, England?
They try to keep the lid on it
 
Links 11/02/2026: $700 Billion Slop Bill, Social Control Media Under Political Fire for Deliberate Health Harms
Links for the day
Mobbing at the European Patent Office (EPO) - Part VI - Attacks on Staff and Attacks on the Law Merit Another New Series
new series coming shortly
IBM's Financial Engineering (Accounting Fraud) Shell, Kyndryl Holdings Inc, is Insolvent
If this was done by the very same people who still run IBM, can we expect any better from "Sugar Daddy" IBM?
2026 a Very Productive Year and We Have Many Big Stories to Tell
maybe we'll produce 8,000 new articles/pages by year's end
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026
Google Still Helping the Slop Pyramid Scheme, Encouraging Plagiarism Too
Google is a plagiarism company and it wants public solidarity for plagiarism by LLMs
Gemini Links 10/02/2026: "The Luminous Dead", Matrix, and Containers
Links for the day
Kyndryl CFO Harsh Chugh Comes From IBM (17+ Years)
Who would want such a position?
International Buybacks Machines
Will the current US administration/regime look into IBM's accounting or only its mini me's?
IBM Could be the Next Kyndryl, a Dinosaur With Accounting Fraud
Many shareholders (or even pension funds) are taking a big hit today
Ian Murdock Died in San Francisco 10 Years Ago. Cops Led to His Death.
10 years ago Ian Murdock died after cops had messed him up
US/Europe divergence: health & safety, criminality & Debian harassment culture: Open Digital Ecosystems submission F33370170
Reprinted with permission from Daniel Pocock
Links 10/02/2026: Splinternets and "Meta Goes to Trial in a New Mexico Child Safety Case"
Links for the day
Russia and China Best Off Without GAFAM
What if they abandoned GAFAM?
Will Finns Put Out the Online Cigarettes?
More people recognise that the child porn site formerly known as "Twitter" and Cheeto/Pooh-tin controlled TikTok are no longer trustworthy
As the US Economy Sags Microsoft Layoffs Carry on (Now in Larger Waves Like 15,000 Per Season or 30,000+ Per Year)
They try to avoid "negative" topics
GNU/Linux at 3.99% in Australia
now that Australians can no longer keep Vista 10
Microsoft Windows Falling
analytics.usa.gov Shows Rapid Erosion of Windows Market Share Since 'End of 10' (Vista 10)
Microsoft Windows Hits All-Time Low in The Netherlands in 2026
Europe needs to rid itself or wean itself off GAFAM
SRA: SLAPPs From Russian War Criminals and American Men Who Strangle Women Are Acceptable
The SRA, by inaction, is complicit in this
The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
From Weber Shandwick (Microsoft PR) to Brett Wilson LLP (Hired Gun of the Serial Strangler of Microsoft)
they basically tried to charge me a lot of money for a PR project of someone who strangled women
The Solicitors Regulation Authority (SRA) is Not a Regulator, It's Part of the Litigation "Industry" in the UK (They Overlap Each Other)
Does nothing except talk about SLAPPs
Brett Wilson LLP Seems to Have Done for Roberto Foa What It Did a Year Earlier for the Serial Strangler from Microsoft
Repeat abusers (of the legal system) will misuse it as long as regulators do nothing
In Finland, Microsoft Falls Behind Yandex (Russia)
Bing has had many layoffs in recent years
Security More Advanced in Geminispace Than on the Web (Bloat)
For real security, use Geminispace capsules, not Web sites
Slop at Microsoft is a Miserable Failure, Now Microsoft Takes the "Vista Route" (Paying People to Say Good Things About It)
This is brainwash, it's meant to delay the implosion of the bubble
Rumours About February 2026 Microsoft Layoffs: Silent Layoffs or 30,000 Culled Tomorrow
Sooner or later (and soon) Microsoft will need to say something and file some WARN notifications
GNU/Linux at 12% in Guam, Based on statCounter (Compared to 2-3% a Year Ago)
Guam's "uptick" in GNU/Linux usage started weeks after "end of 10"
Where We Stand With the Winter Series
We'll need to protect names and sources
Fighting Slop With the Public Domain (and Why Slopfarms Perish Faster Than New Ones Appear)
We can combat the nonsense by producing more human-made works until the slop bubble implodes
After Employee Reviews at IBM Staff Expects Another Large Wave of PIPs and "RAs" (Layoffs)
From what we can see in the "public Web"
Gemini Links 10/02/2026: "The Last Messiah", Discord for Adults
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 09, 2026
IRC logs for Monday, February 09, 2026
Is Europe Abandoning Digital Opium?
GAFAM-controlled social control media
Mobbing at the European Patent Office (EPO) - Part V - Strongest Strike Under António Campinos
SUEPO Munich is also reminding people of the threat of PIPs
Microslop is Slop, Slop is Considered "Quality"
no wonder Microsoft's stuff breaks down so often
thelayoff.com Deletes On-Topic Discussions (Layoffs) While Leaving in Tact Pro-Corporate Trolling Made by LLMs (Slop)
Who at thelayoff.com deems spam made by LLMs (slop) to be on-topic and unworthy of zapping, whereas actually on-topic and authentic threads get routinely deleted?
Gemini Links 09/02/2026: Great Salt Lake Ecological Observatory and Offpunk 3.0 "A Community is Born" Release
Links for the day
Links 09/02/2026: Mass Plagiarism and Pollution/FakeCoin Company Nvidia Contacted Anna’s Archives, Narges Mohammadi Gets Second Prison Sentence
Links for the day
GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out