Bonum Certa Men Certa

Red Hat and BlackBerry: Companies That Use Linux But Also Hoard Software Patents and Use These Against Rivals in the Linux Space

On carving out parts of the market using patent monopolies...

"Inventive people [at Novell] write more software patents per capita than anywhere else."

--Jeff Jaffe, Novell's CTO before these patents got passed to CPTN (Linux foes)



Summary: The use of a patent portfolio in the Free software world for divisive and discriminatory purposes, as demonstrated by Red Hat in servers and BlackBerry in phones

IN OUR previous articles which mentioned Microsoft's patent agreement with Red Hat [1, 2, 3, 4, 5, 6, 7, 8, 9] we noted that:

  1. The patent "standstill" (implies temporary and falsely insinuates there was a two-way war) applies only to Red Hat and its customers, unless Red Hat can prove otherwise;
  2. The deal does not shield Red Hat and and its customers from satellites of Microsoft.


“We both know we have very different positions on software patents. We weren’t expecting each other to compromise.”
      --Paul Cormier, Red Hat
Well, we are still waiting for Red Hat's lawyers to speak out (Tiller and Piana were involved in this) or for Red Hat's management to get back to us (if it decides to). They need to go "open" (like an "Open Organization" [sic]), or at least clarify in some other way what exactly Red Hat did with Microsoft regarding patents. The FAQ is far too vague and it raises more questions than it answers. If we don't hear some time later this month, we shall assume that Red Hat is hiding something and we'll rally Free software people (urging them to comment on this subject), set up a public petition, etc. Transparency is extremely important here. This new article quotes Paul Cormier, Red Hat’s president for products and technologies, as saying: “We both know we have very different positions on software patents. We weren’t expecting each other to compromise.”

Well, both are applying for software patents, so it's not clear what he meant by that. Also, they compromised only among themselves; what about other entities that use the same software as Red Hat does? Are they too enjoying a patent "standstill"? Probably not. Only says ago Microsoft extorted -- using patents -- yet another company that was using Linux (Android was mentioned in the announcement).

"Nothing prevents Intellectual Ventures from going after Red Hat just like Acacia repeatedly did, so it’s a fool’s settlement."What has Red Hat really achieved here? It was a selfish deal and the inclusion of patents in it was totally spurious; it does a lot more harm than good. Ian Bruce, Novell's PR Director, once said that the Novell/Microsoft package "provides IP peace of mind for organizations operating in mixed source environments."

Meanwhile, the Microsoft-friendly media gives a platform to the world's biggest patent troll, Intellectual Ventures, without even calling it "patent troll". This troll recently sued a lot of companies that distributed Linux. Nothing prevents Intellectual Ventures from going after Red Hat just like Acacia repeatedly did, so it's a fool's settlement.

"Remember that BlackBerry habitually speaks about using patents for revenue and for market advantage."Speaking of potential patent dangers to Linux, recall that BlackBerry pays Microsoft for patents (including FAT, which relates to TomTom/Linux) and recall our articles about BlackBerry potentially becoming a troll [1, 2, 3, 4]. Some people's loyalty to this Canadian brand and its newfound support for Android can blind them to the risk which BlackBerry remains, especially because of its patents stockpile.

This new article [1, 2] serves to remind us that BlackBerry still has "Software And Patent Monetization" in mind (we covered this some weeks ago, quoting the CEO). This means that, failing the strategy with Priv and Venice (BlackBerry's Android devices and Linux-centric strategy), it could end up like Sony-Ericsson, suing Android players whilst also selling their own (unsuccessful) Android handsets.

"BlackBerry is proprietary to the core."Remember that BlackBerry habitually speaks about using patents for revenue and for market advantage. Also remember that BlackBerry is not -- at least not yet -- an Android company. BlackBerry is proprietary to the core. "The QNX division could also face higher competition from open source software such as Linux," wrote a financial site, "which many customers find more flexible and economical, limiting its potential in the burgeoning IoT and connected device market. For instance, Tesla reportedly uses Linux for its Model S sedan."

Don't be too shocked if BlackBerry eventually sells its patents to hostile actors, asserts them against competitors that use Android, or uses aggressive lawyers to compel various OEMs to remove features from their Android devices (both hardware and software features).

Law education



"I've heard from Novell sales representatives that Microsoft sales executives have started calling the Suse Linux Enterprise Server coupons "royalty payments"..."

--Matt Asay, April 21st, 2008



Recent Techrights' Posts

Libya's Share on the Web: 5.2% GNU/Linux
GNU/Linux has hit an all-time high there
Codecs and Software Patents - Part VI - The European Patent Office, Nokia, Microsoft, Sisvel, and More
Whatever Nokia used to be, it's certainly not an ally and a lot of the turmoil at the EPO is the fault of companies like Nokia
 
Gemini Links 12/05/2026: Android Nostalgia and Switching to Guix
Links for the day
Links 11/05/2026: Another Oracle Setback and Mass Layoffs in Iran
Links for the day
Gemini Links 11/05/2026: Older Can Be Faster and Textmode Workflow
Links for the day
Links 11/05/2026: The Solicitors Regulation Authority (SRA) Admits It Only Reacts When It's Too Late (Damage Already Done), Ombudsman’s Animal Cruelty HK Report
Links for the day
If It Takes You a Second to Serve (or Receive) a Page, That's Definitely Too Slow
For speeds at milliseconds (e.g. for pages to fully load in a tenth of a second) the pages must be ready to be sent as soon as they're requested
It's Not About Speed, It is About Patience and Adherence to Truth, Principles, Scientific Integrity
attacks on us only ever made us stronger - a lesson that our adversaries have learned the hard way
Cyber Show Does it Like Techrights: Static and Gemini Protocol as 'First-Class Citizen'
HTML and GemText (over Gemini Protocol) would be rendered in tandem
SLAPP Censorship - Part 73 Out of 200: Microsoft's Graveley and Garrett Remain Closely Connected in May 2026 ("Tag-Teaming" Against Bloggers in Another Continent)
The phrase "judge a person by their friends" seems applicable here
Discussions About When the Axe Falls at IBM/Kyndryl (11,000 Layoffs Estimated)
"Kyndryl restructuring should reduce overhead functions and reduce the number of managers that lack technical knowledge"
A World After Microsoft (and GAFAM) and After GitHub Shuts Down
the only growth area is debt
Fake News, Propaganda, and Misinformation: Microsoft Investing Money It Does Not Have in "Hey Hi" (for "Entertainment Purposes" Only)
This will not end well
Today the Whole European Patent Office (EPO) is on Strike and Next Monday an Even Bigger Strike
the media refuses to cover these and is thus complicit
The Corrupt Lecture the Non-Corrupt - Part IXX - EPO Management Speaks of Reputation and Integrity While Putting Cocaine Addicts in Management
If the EPO values its "reputation", then it needs to start by ousting the management
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 10, 2026
IRC logs for Sunday, May 10, 2026
Links 11/05/2026: Security Breaches, Politics, and Energy Crunch
Links for the day
Gemini Links 10/05/2026: "Accidental Cameras" and "Addictive" Interfaces in Social Control Media
Links for the day
Codecs and Software Patents - Part V - A Reminder That GAFAM and the European Patent Office (Which Serves American Monopolists) Do Considerable Harm to the Commons and Culture
some 'breaking' developments
Gemini Links 10/05/2026: Inkscape, Guix, and Alhena 5.5.8
Links for the day
The "Alicante Mafia" at the European Patent Office (EPO) Experiments With New Methods for Crushing Industrial Actions
Open letter to VP1 and the COO [...] What does this tell us about the status quo at the European Patent Office, Europe's second-largest institution?
The Corrupt Lecture the Non-Corrupt - Part XVIII - "The European Patent Office (EPO) has a zero-tolerance policy for fraud" (except when managers do it)
The guidebook of the EPO says fraud is not to be tolerated, but who enforces or revisits such "Red Lines"?
Links 10/05/2026: Hantavirus Brings Back 'Contact Tracing' Surveillance, "Staple Food Prices Soar in Iran"
Links for the day
Microsoft XBox Staff Know They're in Trouble, They Try to Unionise Ahead of Mass Layoffs
As the slang goes, it's going to be a "bloodbath"
Links 10/05/2026: Fake Suicide Notes and New EU Restrictions on Slop
Links for the day
SLAPP Censorship - Part 72 Out of 200: Microsoft's Graveley and Garrett Signed Documents That Hold Them Accountable to Truth and Liable for Lies
Such collaborations are unsavoury and apparently unprofessional, too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 09, 2026
IRC logs for Saturday, May 09, 2026
Gemini Links 10/05/2026: Travelling to Van and "Dark Mode" as Passing Fad
Links for the day