Bonum Certa Men Certa

Novell, Red Hat, and Software Patents: Strike II

Pinoccio
Searching for truth regarding Red Hat and software patents



Summary: Novell's long tradition of software patenting lives on, but what about Red Hat?

WE already know very well about Novell and its attitude towards software patents. It keeps acquiring them and according to the Salt Lake Tribune it has just gotten some more.

Method and system for dynamic assignment of entitlements, patent No. 7,505,972, invented by Jay Wootton of Lindon, Dennis Foster of Spanish Fork, Joe Skehan of Sandy, Charles Morgan of Springville, Jason Elsberry of Provo, Ryan L. Cox of Provo, William Street of Orem, Stephen R. Carter of Spanish Fork, and Nick Nikols of Draper, assigned to Novell Inc. of Provo.

System and method for filtering of web-based content stored on a proxy cache server, patent No. 7,506,055, invented by Carolyn B. McClain of Springville, and Jim E. Thatcher of Pleasant Grove, assigned to Novell Inc. of Provo.


What we are a little disappointed to see is that Red Hat is not serious about or at least not committed to fighting software patents, so the latest Red Hat kerkuffle is not quite over yet. Red Hat did participate in making the Bilski ruling happen, but the FFII is suggesting that there is conflicting evidence nonetheless (more on that soon).

Pieter Hintjens, the former head of the FFII, has pointed out that the first patent problem was not exactly an isolated incident when he pointed at Slashdot's direction. It made the front page and Digital Majority covered this too. To summarise:

US Patent 7453593 claims command-line processing by a web server of SOAP requests, resulting in XML responses, from and to a remote client. The HTTP Common Gateway Interface (CGI) operates precisely as described in Claim 1. If you POST a SOAP document and return an XHTML response or a SOAP document, this infringes on Claim 2, since both XHTML and SOAP are XML languages. This patent thus claims to own the processing of SOAP documents by CGI programs.


Some guys from the FFII were preparing some questions for Rob Tiller. He joined Red Hat about a year ago. To quote JupiterMedia: "Red Hat today announced that it had hired Rob Tiller as vice president and assistant general counsel, and Richard Fontana, as open source licensing and patent counsel."

Pieter attaches some questions (from the above):

I have some questions for Red Hat. Dear Red Hat,

* Why are you filing patents on obvious ideas with ample prior art?

* Will you promise not to sue my clients if they embed my AMQP/XML routing engine in their closed-source applications?

* What if IBM buys Red Hat, as they are buying Sun. Does Red Hat's patent promise still apply?

* Can you confirm or deny suggestions that the Red Hat patent promise lets Red Hat license it patents to a third party, which can then sue FOSS implementors freely?

* Does Red Hat file patents on business methods (as well as on software algorithms)? If so, does your Promise cover the use of these patents by other FOSS distribution businesses?


Later on, Pieter asked:

Here are my questions to Red Hat’s lawyers:

1. Why are you filing patents on obvious ideas with prior art, like SOAP?

2. If my clients embed my free AMQP/XML engine in their closed apps, are they covered by your Promise?

3. If IBM buys Red Hat, does your Promise still hold?

4. If a 3rd party licenses a patent from you, and then sues my FOSS company, does your Promise still hold?

5. Does Red Hat file business method patents on their software distribution business?

6. If “Yes”, does your Promise protect my FOSS distribution business which uses these patents?

7. Would opposition to a Red Hat patent filing at the USPTO or EPO count as “litigation” under the Promise?

Until the use of Red Hat’s patents against competing FOSS firms and their clients is 100% clear and permanent, then I hold that Red Hat’s patent portfolio is first and foremost aimed at FOSS competitors, and only second at “trolls” and closed source firms.


In other patents news, the so-called 'reform' continues to show its wrinkles.

If Silicon Valley wants help in dealing with the so-called patent troll problem you do not need to limit damages, you just need to fix the problem.


Nothing there addresses the issue of self-defending monopolies which fend off competition. Moreover, this remains a system that punishes those who expose the truth and rewards/bribes those who propagate the great lies about 'innovation' and the "small inventor". Another Internet giant, The Go Daddy Group, has just obtained patents on Web hosting/registration.

Go Daddy gets three new patents, bringing total to five.

The Go Daddy Group, Inc, parent company of domain registrar GoDaddy, has been awarded three new patents this month. Based on a search of “Go Daddy” with the U.S. Patent and Trademark Office, Go Daddy now has five patents. Its previously issued patents include one for private domain registration (whois privacy) and a server based spam filter.


Who does this system actually serve? It merely protects those who are wealthy enough to be able to afford patents. When it comes to software that respects people's freedom, it even illegalises it. This helps not at all when O'Reilly publishes a book with the vague/broad title "Intellectual Property and Open Source"; there is now an excerpt from it online. If it's patents, then call it "patents" and if it's about copyrights, then be it "copyrights". To say "intellectual property" is like calling Switzerland "Europe" and arguing that Europe is a land of mountains (never mind if Belgium and Holland hardly have any).

Comments

Recent Techrights' Posts

A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting Several Webhosts (in Collaboration and Conjunction With Mentally-Ill Flunkies)
Every attempt to nuke the current hosting failed, but it's still worth noting
Google: We Don't Have Source Diversity, But We Have Chatbot Spew in Place of Sources (and It's Not Even Accurate)
Search engines and news search never looked this bad...
[Meme] Security is Not a Failure to Boot (or Illusion of Security Due to 'Unknown' System)
Red Hat is largely responsible for this mess
What is Secure Boot?
Security means the user feels safe and secure - i.e. confident that the machine would continue to work following a reboot or a system upgrade (or kernel upgrade)
Links 27/05/2024: Chatbots Generate Hateful Output, TPM Performance Scrutinised
Links for the day
David Heinemeier Hansson (DHH) Realises What He Should Have Decades Ago
seeing that DHH is moving away from Apple is kind of a big deal
 
Delayed Series About Dr. Richard Stallman
A lot of the attacks on him boil down to petty things
[Meme] Elephant in the Asian Room
With ChromeOS included GNU/Linux is at 6% across Asia
GNU/Linux in Bangladesh Up From 0.5% to Over 4% (Windows Slid From 95% to 18%)
Bangladesh is one of the world's most densely-populated countries
Links 27/05/2024: One Month Left for ICQ, More Openwashing Highlighted
Links for the day
Gemini Links 27/05/2024: Back to GNU/Linux, Librem 5 Assessed
Links for the day
StatCounter (or statCounter) Has Mostly Recovered From a Day's Downtime (Malfunction)
Some of the material we've published based on the statCounter datasets truly annoys Microsofters
StatCounter (or statCounter) Has Been Broken for Nearly 24 Hours. Who Benefits? Microsoft.
StatCounter is broken right now and has been broken for nearly 24 hours already
Reinvigorating the Voice of GNU/Linux Users (Not Companies Whose Chiefs Don't Even Use GNU/Linux!)
Scott Ruecker has just announced his return
"Tech" in the Context of Even Bigger Issues
"Tech" (or technology) activism is important; but there's a bigger picture
A Decade of In-Depth Coverage of Corruption at the European Patent Office (EPO)
The world needs transparency and sunlight
Hopefully Not Sunset for StatCounter
We hope that StatCounter will be back soon.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 26, 2024
IRC logs for Sunday, May 26, 2024
Links 27/05/2024: Self-Publishing, Patent Monopolies, and Armed Conflicts
Links for the day
Gemini Links 27/05/2024: Tethering Connection and PFAs
Links for the day
Imagine Canada Enabling Rapists to Harass Their (Rape) Victims
This analogy is applicable because abusers are empowered against the abused
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting My Old "Tweets"
This was basically an act of vandalism no better and no worse than UEFI restricted boot
Links 26/05/2024: Google 'Search' Morphing Into Disinformation Factory, Discussion of Maze of the Prison Industrial Complex
Links for the day
In the Pacific (Mostly Islands Around Oceania) GNU/Linux Grew a Lot
Microsoft cannot compete fairly
A Toast to Tux Machines
Food ready for the party, no photos yet...
IBM/Red Hat Failing to Meet Its WARN Obligations in NC (STATE OF NORTH CAROLINA), or Perhaps It's Constantly Delaying the Layoffs
IBM isn't named even once
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 25, 2024
IRC logs for Saturday, May 25, 2024
GNU/Linux in Greenland
The sharp increases for GNU/Linux started last summer
The Sheer Absurdity of the EPO's Career System Explained by EPO Staff
"Staff representation has previously pointed this out to management, and the career system has been the reason for several industrial actions and litigation cases initiated by SUEPO."
[Meme] Productivity Champ Nellie Simon: It Takes Me 3+ Weeks to Write 6 Paragraphs
Congrats to Nellie Simon!
It Took EPO Management 3+ Weeks to Respond to a Letter About an Urgent Problem (Defunding of EPO Staff)
The funny thing about it is that Nellie Simon expects examiners to work day and night (which is illegal) while she herself takes 3+ weeks to write a 1-page letter
Staff Union of the EPO (SUEPO) in The Hague Taking Action to Rectify Cuts to Families of Workers
they "are active in challenging this measure via the legal system"
Links 25/05/2024: Microsoft Adds More DRM (Screenshot Blocking), Another Microsoft Outage Takes Down Everything
Links for the day
Gemini Links 25/05/2024: "Bill Smugs" and OpenBSD Mirror Over Tor / I2P
Links for the day
Microsoft #1 in Gaming Layoffs, Laid Off Workers Receive Another Insult From Microsoft
Many of them never chose to work for Microsoft
In New Caledonia Windows is Now Below 30% (It Used to be Over 90%)
Microsoft's Windows absolutely collapsing and the measures are relatively stable
Forget About India's and Pakistan's Nuclear Weapons and Armament Race, They Need to Abscond Windows and Microsoft (Security Swiss Cheese)
Both countries would be wise to remove Windows as soon as possible, irrespective of the local party politics
statCounter: GNU/Linux Rose From 0.2% to Over 3% in Pakistan
GNU/Linux "proper" (i.e. not ChromeOS) has the lion's share
Red tape: farmer concerns eerily similar to Debian suicide cluster deaths
Reprinted with permission from Daniel Pocock
Galway street artists support social media concerns
Reprinted with permission from Daniel Pocock
Links 25/05/2024: Section 230 and Right of Publicity Violations by Microsoft (Which Attacks Performance Artists)
Links for the day
[Meme] No Microsoft
For fun!
Microsoft Windows Falls to New Lows in Poland
It may mean people delete Windows from relatively new PC
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: An Introduction
The campaign of coercion (or worse) started in 2021
The "D" in Debian Stands for Dictatorship That Extends to Censorship at DNS Level
Of course the registrar, which charged for domains until 2025, just went along with it
Cybersecurity and Infrastructure Security Agency (CISA) Getting Stacked by Microsoft
it lets Microsoft write policies
The Parasitic Nature of Microsoft Contracts
Stop feeding the beast
Gemini Links 25/05/2024: Emacs Windows 2000 Screenshots and Little Languages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 24, 2024
IRC logs for Friday, May 24, 2024