Bonum Certa Men Certa

Richard Stallman and Eben Moglen on the Microsoft-Red Hat Deal

Richard Stallman and Eben Moglen
Photo source: Professor Conrad Johnson



Summary: Founder of Free software and author of the GPL (respectively) comment on what Microsoft and Red Hat have done regarding patents

WE FINALLY GOT some feedback regarding the baffling patent agreement which seemingly affects every user of GNU/Linux. We got this feedback from Stallman and (indirectly) Moglen, two of the Free software world's most prominent individuals, especially when it comes to the GPL (GNU Public Licence/License).

Coverage of the Red Hat-Microsoft patent agreement can be found in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. We sought feedback from Red Hat and spoke to low(er) level people for weeks, without ever hearing back from high-level management. After weeks of trying and waiting we ended up asking legal professionals to examine whatever legal contracts -- even if under NDA or some other secrecy clauses that legally-binding deals may have -- were involved. We first wrote to the FSF as follows:

Dear FSF licensing folks,

As discussed earlier in IRC (freenode), I have been pursuing answers from Red Hat regarding an urgent matter. I previously interviewed their CEO regarding patents and last week I spoke to a fairly senior person from Red Hat (unnamed for his own protection), for the third time this month. I wrote about 10 articles on this subject and it led to others writing about it as well, including some prominent bloggers.

"We need to understand what Red Hat agreed on with Microsoft on as Microsoft can use this behind closed doors against other companies, for pressure/leverage."To put it concisely, Red Hat signed a deal with Microsoft which not only involved technical work but also what they call patent "standstill". Who is this "standstill" for? Apparently Red Hat and its customers. I strongly doubt, especially in light of Alice v. CLS Bank, that a "standstill" should be needed. Red Hat does not threaten to sue Microsoft, whereas Microsoft did in the past threaten Red Hat (even publicly). This leaves those outside Red Hat in an awkward position and ever since this deal I have taken note of at least two companies being coerced by Microsoft using patents (over "Android" or "Linux" [sic]) or sued by one of its patent trolls, e.g. Intellectual Ventures. This isn't really a "standstill". It's more like the notorious "peace of mind" that Novell was after back in 2006.

Red Hat has also admitted to me that it is still pursuing some software patents in the USPTO -- a fact that does not surprising me, especially given the soaring market cap of RHT and the growing budget. This serves to contradict what people like Rob Tiller say to the courts; it shows double standards and no principled lead by example.

"The analysis and the voice of the FSF may be needed at this stage."I have asked the FSF's Joshua if it had looked into the patent agreement between Red Hat and Microsoft. Their lawyers in this case, Mr. Piana and Mr. Tiller (probably amongst others whom we don't know about yet), would probably claim and even insist that it's GPL-compatible, but the wording in the FAQ make it look exclusionary and there's no transparency, so one cannot verify these claims.

We need to understand what Red Hat agreed on with Microsoft on as Microsoft can use this behind closed doors against other companies, for pressure/leverage. I am genuinely worried and fellow journalists who focus on GNU/Linux (Sean Michael Kerner for instance) tell me that they are too.

The analysis and the voice of the FSF may be needed at this stage. I have politely urged Red Hat for a number of weeks to become more transparent, whereupon some in the company said they had escalated these requests, but evidently nothing is being done, hence I feel the need to turn to the FSF.

I would gladly provide additional information that I have upon request.

With kind regards,



"In concrete terms," Stallman responded, "what did they agree to do?"

"It is effectively a technical collaboration," I told him, "which also involves a ceasefire regarding patents."

"It is impossible to discuss whether it is good or bad," he said, "until we know what it is."

"We know too little about the patent aspects," I explained.

Referring to Red Hat's FAQ, Stallman said that I "seem[ed] to be talking about text I [Stallman] have not seen."

To quote the relevant part for readers:

4. Does the new partnership address patents?

Red Hat and Microsoft have agreed to a limited patent arrangement in connection with the commercial partnership for the benefit of mutual customers.

The heart of the arrangement is a patent standstill that provides that neither company will pursue a patent lawsuit or claim against the other or its customers, while we are partnering. Neither company acknowledged the validity or enforceability of the other’s intellectual property; it is not a patent license or a covenant not to sue and no payment was made or will be made for intellectual property.

The partnership is between commercial companies related to their common customer offerings, spurred by customer demand. Both parties carefully designed for FOSS licensing compliance in building the arrangement and each party’s relationship to the FOSS community stands on its own.


"Covering only customers and not downstream users," Stallman said, "it is not a good thing, but it may not do a lot of harm."

“Covering only customers and not downstream users is not a good thing, but it may not do a lot of harm.”
      --Richard Stallman
I responded by saying "I hope that a thorough look into it will help remove uncertainty and get some hard answers. Right now it's too vague or me and some fellow developers to conclude anything from."

Days ago I asked whether "there been any progress on this case" because "I just want[ed] to be sure that licensing is looking for answers regarding the matter."

Stallman, by that stage, seemed to have already spoken to a colleague and friend. "Eben Moglen," he explained, "told me it doesn't violate GPLv3. Other than getting that information, I don't know what progress we could hope for."

Well, as GPLv3 co-authors, their take on this sure counts. We therefore got an answer without taking a look at the contract itself (they had made access to it highly privileged information).

Assuming the case won't go any further than this, we believe it helps set the record straight on the Microsoft-Red Hat situation.

Recent Techrights' Posts

Windows in Åland Islands: From 100% to Less Than Half
Åland Islands lost the sense of urgency to move to GNU/Linux
Not Just Slow News But Also Late News (Julian Assange Landing in Thailand)
Why did AP take so long (nearly a week) to release these?
[Meme] Smart Alec Poettering
How many Microsofters can the Debian Project withstand?
Getting Rid of Microsoft Does Not Go Far Enough
Microsoft already has many problems. One day Microsoft won't exist anymore. But that does not guarantee users' freedom.
Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
Links for the day
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
 
200 This Week
Monday started with 40 articles/pages and this is #200
Press Complicity and Public Apathy All Along Enabled 14 Years of Illegal, Arbitrary Detention and Coercion Into Plea Bargain of Julian Assange on Brink of Death
They basically blackmailed him into letting the US 'win' the argument
At the End Journalism a Crime (If It Involves Accessing or Gaining Access to Documents Marked "Confidential" or "Classified" by Those Looking to Hide Their Misconduct/Crimes)
At least in the US, especially where the imperialism is at stake
Links 30/06/2024: Tensions in Korea and Japan, Criminalisation of Sleeping Outdoors
Links for the day
100% Slop/Spam From linuxsecurity.com
This is the kind of stuff that's killing the Web faster
Gemini Links 30/06/2024: Murdoch and Ideal OS
Links for the day
In the First 6 Months of 2024 Thailand Moved to GNU/Linux, Not to Windows Vista 11
maybe users moved from Vista 10 and 11 to GNU/Linux, seeing where Microsoft was heading with forced hardware "upgrades"
Eko K. A. Owen, New Outreach and Communications Coordinator for the FSF
Nice to see many new additions to the FSF's team
Microsoft Has Slaves and Enablers, Not Partners
Obligatory meme too
Tobias Platen Covered Freedom-To-Play Games in LibrePlanet 2024
Freedom-To-Play games using Taler
[Meme] Opening a 'Webapp' With 'Only' 4 GB of RAM
Until 2020 none of my PCs ever had more than 2 GB of RAM
Destination 'Five Percent'
We reckon GNU/Linux can break the 5% barrier some time by the end of this year, even without counting Chromebooks
A Crisis of Online Journalism
Almost a week ago a journalist was forced to plead guilty for an act of journalism
Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
openai.com traffic plunged 60% last month
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock