The Battle of Trafalgar
The Novell deal, though, is the most interesting tale and the one to which Phelps and co-author David Kline go into the most detail. It began as "Project Summer"--an effort to get at least one major Linux vendor to sign a pact with Microsoft by the summer of 2004. It began with a well-regarded salesperson, Susan Hauser, being tapped to confidentially meet with customers and see how much support there was for some sort of Microsoft-Linux partnership.
The customers were game, Phelps and Kline write, but unwilling to become a party in the negotiations themselves. As the effort took longer than Microsoft wanted it became "project next summer," the authors quip. The company met with Red Hat, starting in the fall of 2004, as part of "Project Bridge Builder," though talks broke down after a year and a half. Just as those talks were collapsing, in June 2006, Microsoft Chief Operating Officer Kevin Turner got a call from Novell's then-president, Ron Hovsepian. A few days after that, Brad Smith called Hovsepian back and a new effort, "Project Blue," was born.
The sides first met face to face two weeks later at a Hyatt near the Chicago airport. That meeting took place amid a convention of female bodybuilders. Another meeting took place in September, this time at Microsoft's outside counsel's office--in the same conference room where several months earlier Microsoft had hammered out an agreement with Sun Microsystems.
"Given the challenges of coming together with Novell," Smith says in the book, "I thought it made sense to meet in the same conference room... Plus, since the room had been lucky for us once before, I figured that couldn't hurt either."
Talks progressed, but had not reached a conclusion. Smith suggested the two sides set an October 31 deadline for reaching a deal. Novell agreed that the deal would be "done or dead by Halloween." After the last-minute end-run around the GPL, the two sides got the deal done and announced it to the world on November 2, 2006.
The disclosure that Red Hat have applied for a patent on what might strike some as an obscure corner of the software ecosystem has caused others to re-evaluate how open and collaborative Red Hat actually are. As the AMQP 1.0 standard entered into its final phase, a 2007 Red Hat patent application, the company now refers to as a "defensive" patent, on an obvious extension of AMQP, was automatically disclosed and caused quite stir. What is AMQP, why is it important, what has Red Hat done to cause a ruckus within the AMQP community, and what does it mean to open source in general.
In this article we revisit the historical 2005 Software Patent Directive, the most heavily lobbied European law ever, and look at Red Hat's public policy statements regarding this law. Our conclusion: Red Hat Instead, they endorsed the propaganda term "Computer Implemented Invention" and they lobbied for amendments that would legislate for, not against, software patents across Europe where the letter of the law still forbade them.
--Marshall Phelps, Microsoft
Comments
Pieter Hintjens
2009-03-25 14:21:00
Nice article. It's seemed to many of us in the FOSS community that the patents were the ultimate way for larger firms to control and profit from the FOSS economy. This is why, IMO, IBM can enthusiastically collect patents while also investing in open source.
I see William has submitted his article to Slashdot, it's here in the firehose: http://slashdot.org/firehose.pl?op=view&id=3892567&art_pos=2