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

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
 
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day