Bonum Certa Men Certa

Red Hat's Legal Department Was 'Closed-Source'

Transparency is needed at all levels

Yesterday we wrote very quickly about Red Hat's settlement and why it was a bad idea in retrospect. The argument made by Béranger is that they fed the trolls -- the patent trolls. Further, he writes: "Now, I don't think Red Hat was paid by those patent trolls. Going forward to invalidate the patents would still have entitled Red Hat to ask for damages, and the public image of Red Hat would have been even better: hey, software patents can be invalidated, and here's Red Hat doing it! But, IF Red Hat was indeed paid to shut up, THEN this is even criminal! It's like making profits on the expenses of other operating systems (the BSDs, Solaris, whatever) not covered by this settlement!"



“The word "settlement" is often an embellishment, a euphemism.”This surely brings back some memories of Novell, but a comparison would be totally invalid. Either way, it serves as an example and precedence to entice more patent trolls and give them just what they want. Settlement = extortion. The word "settlement" is often an embellishment, a euphemism.

SCO too had Microsoft and Sun license UNIX from them (it later turned out to be in vain) just after they had sued IBM and others. All can be done purely for legitimacy. Both Sun and Microsoft could benefit from it. In the case of Microsoft, it was not only an opportunity to inject money; Microsoft went further and arranged a BayStar investment in SCO.

It's the same with Trend Micro, which cross-licensed quite recently... with IBM. Ironically enough, in response to this, Barracuda then had to buy patents from IBM, which probably cost a lot. Trend Micro used IBM for legitimacy, so in that sense, IBM was part of this messy business. Had they never dealt with software patents, perhaps none of this would come abound. Here is what Barracuda's CEO, Dean Drako, said quite recently:

"I would much rather spend my time and money and energy finding ways to make the Internet safer and better than bickering over patents."

The claims made above about Red Hat exposing Solaris and BSD seems to be contradicted by Groklaw:

Most of the agreement is typical language, but Tiller explains the parts that are specific to this agreement, which is groundbreaking. It's living proof that the GPL can function as intended, and without compromise, while still dealing with US patent law.

[...]

Even such code distributed by Novell and Sun Microsystem is covered. Is that not refreshing? Note also that "Red Hat Product" includes "predecessor versions" of any Red Hat Products, including versions Red Hat or its employees had no involvement in developing. When you think about the Novell-Microsoft patent deal, what a contrast! That covered only Novell's paying customers, and deliberately excluded the rest of the community. Red Hat, with a deeper understanding of the GPL and the community's interests, in contrast responds with a very creative, GPL-compatible agreement that reflects how the community has always worked -- competition on merit, not on exclusion or proprietary moves.


The press release contains this ugly bit.

Payment

Section 3 of the agreement is entitled “Payment,” but the material on this issue has been redacted here. This is because the parties agreed that this term must remain confidential.


What is this? BECTA and Microsoft? The equivalent of a Memorandum of Understanding [1, 2, 3, 4]? Novell too redacted the hell out of its formal agreement with Microsoft.

More analysis of this comes from Lisa Hoover, whose report ends with:

The 22-page document [PDF] contains affadavits and documents that outline the terms of the agreement, however specifics on any payments that changed hands have been redacted because "the parties agreed that this term must remain confidential."


Sean Michael Kerner found some bits of this deal discomforting as well.

How can you be transparent about a settlement without discussing money? How much is a patent worth today? I certainly would want to know and I'd bet millions of others would too.

[...]

This is a fantastic thing. Now if Novell had been as community minded when it struck its patent covenant deal with Microsoft the biggest patent threat hovering over the Linux community as a whole IMHO would just go away.


From user 'sandholm' at Tux Machines:

Isn't this moot?

Submitted by sandholm on Tue, 07/15/2008 - 11:17.

This is an interesting way for RedHat to try and "save some face", after their "secret" payoff to Firestar on a patent that was dubious from the start. Now that Sun has requested the Firestar patent be invalidated, and considering the response from the PTO: http://lwn.net/Articles/289747/ I guess this is the only way that Redmond...Er...RedHat has figured to try and save some respect.


Linux Journal rightly gives credit to Sun.

Just over a month ago, we brought you the news that Red Hat had washed its hands of long-term patent litigation with Firestar Software over object-oriented software and relational databases. We now learn the deal came just a month too early, as last week the Patent and Trademark Office invalidated the patent in question — the result of a "brother-in-arms" effort by Red Hat competitor Sun Microsystems.

[...]

As for Sun and the Open Source community, it's a victory for striking down one more prohibitive proprietary roadblock, as well as a protection for all from similar prosecution.


Jonathan Corbet has a good and comprehensive summary too.

Red Hat's initial press release claimed that this settlement demonstrated the company's commitment to standing up for the community in the face of patent trolls, and stated that it would discourage any future such cases. At this point it seems fairly evident that Sun has made a better show of standing up for the community and discouraging future cases. What Red Hat has done, though, is to show us how future patent problems could be resolved in the absence of obvious prior art. If one must pay the troll, one would do well to come out with an agreement like this one and, at least, keep the troll away from the rest of the community. Whether patent holders who actually have a legal leg to stand on will be willing to agree to such a settlement remains to be seen; the nature of the game is such that, unfortunately, we are likely to get an answer to that question sooner or later.


There are no easy answers here. For sure, what Sun managed to achieve was more valuable than what Red Hat had done. What Novell did was just selfish in every way.

It surely cost Sun some time and effort. Imperfect solutions seem necessary as long as the payment system is absolutely broken. The next post will discuss further perversion of the law by intellectual monopolies.

Comments

Recent Techrights' Posts

Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
 
Links 16/05/2026: Cuba Plunges Into Darkness (Energy Wasted by Nonsense), Googlebooks as Slop Nonsense (Energy Waste and Time Wasted)
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding
The Corrupt Lecture the Non-Corrupt - Part XXIV - Luis Berenguer Giménez at the EPO (European Patent Office) Became the Punchline of EPO Staff
"the fact that Luis was caught with cocaine causes laughter. The use of cocaine in itself is not the real shocking bit."
IBM Keeps Culling Essential Linux, Fedora, GNOME, and GTK Staff
Over a month ago IBM laid off over 400 Red Hat engineers
Cisco Cuts Nearly 4,000 Jobs Because of Debt, Nothing to Do With Slop
The media keeps talking about revenue, not profits
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026