Bonum Certa Men Certa

Microsoft/Novell Software Patents Strategy Failed to Submerge Red Hat, Patent Trolls Do the Job Better

Ron Hovsepian and Steve Ballmer with red hats



Summary: Software patents pressure on Red Hat and how the strategy shifted over time; a fresh report that is hostile towards patents gets published by NPR, which recently exposed Microsoft's patent troll

THE problem with software patents is being realised by many news avenues, even the 'Microsoft press' which at least raises questions in a new column stating: "I’m struggling with my feelings about software patents. Although software patents might not seem directly related to your career as a SQL Server professional, software and technology are the bedrock of everything we do and that SQL Server is based on. The future direction of software and patents has the potential to have a profound affect your life and career. Every technology professional should be exploring this topic and forming your own opinions so that you can participate in shaping the future of this debate. (I encourage you to make those opinions known to your elected officials.) Aggressive use of software patents, often on questionable claims, is beginning to have a negative impact on the technology business."



And this comes from a person who makes a living from Microsoft, which is a strong proponent of software patents not just in the US; it hires lobbyists to spread such bad policies in other countries too. People who carry water for Microsoft ought to come to grips with it. Another fairly FOSS-hostile source at least raises the question, "Are Lawyers Destroying Software?"

"The general premise was, as both companies had software patents they could work together to exclude the competition, mainly Red Hat."It is rather apparent that Microsoft and patent lawyers are not interested in the benefit to their surroundings. It is very much the opposite in fact as they strive to gain at the expense of their surroundings. In light of this, consider what Novell chose to do when it liaised with Microsoft on software patents. The general premise was, as both companies had software patents they could work together to exclude the competition, mainly Red Hat.

Although there are still people who carry water for Novell, the company is dead (this one YouTube upload still promotes a product/project that was already killed by Attachmate) and Microsoft has found a 'new' Novell over in China [1, 2, 3]. It ought to be emphasised that it's all about proprietary (taking something free and sticking blobs in it), but Adrian Bridgwater asks: "Is Microsoft trying out this much more open stance in the Chinese market where the rest of the world won't see it happen (just in case the company doesn't like it) perhaps?"

It is not an "open stance". There is nothing "open" about Hyper-V.

Sean Michael Kerner does a good job explaining that Microsoft's patent deal with Novell did not hurt Red Hat (he also rightly calls this a patent deal). To quote:

In November of 2006, Microsoft entered into a patent covenant and interoperability deal with Novell. In 2011, Microsoft has renewed and extended that deal to SUSE Linux, which was spun off from Novell as part of Attachmate's $2.2 billion acquisition of the company.

Across the last five years, Microsoft has acquired over $300 million worth of SUSE Linux Enterprise Server (SLES) subscriptions for resale and now has the option for an additional $100 million with SUSE. The Microsoft Novell deal shocked the Linux world at the time it was announced and potentially represented a risk to others in the Linux market.

As it turns out, five years later, it's a risk that hasn't affected SUSE Linux's rival, Red Hat all that much, if at all.

"Patents always come up in the same way that it always comes up for any piece of proprietary software," Jim Whitehurst, CEO of Red Hat told InternetNews.com. "I don't think it's any different for us than it is for any other software company."

Whitehurst explained that Red Hat provides patent indemnification to its customers. He added that Red Hat has also defended itself in lawsuits as have others in the software industry.

"The thought that it (patents) were somehow different for open source than regular software, that has gone away," Whitehurst said. "I don't ever hear from customers that there is some differential and they need to be more worried because the software is open source."

[...]

Whitehurst said that he never hears from customers that they will choose SUSE over Red Hat for interoperability issues. Going a step further, one of the Novell Microsoft partnership customer wins that the two companies announced back in 2007 was a win with Walmart.


As we explained at the time and on other occasions, Microsoft's COO Kevin Turner (very Linux-hostile) came from Walmart and Microsoft distorted this story about the Walmart deal. The FUD against Red Hat carries on as more patent trolls (some with Microsoft connections) carry on suing the company, e.g. Acacia a year after the Microsoft-Novell deal. One of the latest is MOSAID. We covered this at the time, but Professor Webbink looks at it more closely now. To quote his early analysis:



MOSAID Technologies, Inc. filed a patent infringement complaint [PDF] against Red Hat, IBM, Adobe, Alcatel-Lucent, Juniper Networks, NetApp and VMWare on August 10. The interesting thing about the complaint is that all of the defendants, except Red Hat, are sued under one patent, while Red Hat is the only defendant under the other patent. Why the actions under these different patents should proceed as a single action is beyond me, and I will be surprised if Red Hat doesn't look to sever the complaint and proceed alone.

MOSAID is a Canadian company and a non-producing entity (yes, go ahead and call them a troll if you would like). Its sole business is to acquire and enforce patents, although it does claim to have developed some of its own patented inventions.

The patent asserted against Red Hat is U.S. Patent No. 5,892,914, entitled "System For Accessing Distributed Data Cache At Each Network Node To Pass Requirements And Data."


As Pogson puts it:

I trust the judge will laugh this one out of court and send the troll the bill for cluttering up the court system.


The problem is, there are cases in the past where Red Hat paid patent trolls to just go away. NPR exposed Microsoft's network of patent trolls some weeks ago (over 1,300 proxies circling IV) and it's not quite over yet because now comes the new report "Patent Wars Could Dull Tech's Cutting Edge". It says:

Some call it an international patent arms race: Tech companies like Apple, Samsung, Nokia and Google are launching lawsuits over competing patent claims related to smartphones and tablets.

As NPR's Laura Sydell tells Morning Edition co-host Renee Montagne, companies are mounting takeovers aimed at gaining control of thousands of patents.

Google recently spent $12.5 billion to buy Motorola Mobility, a cellphone manufacturer with more than 17,000 patents. And as Sydell has previously reported, "patent trolls" are on the lookout for potential infringements and the payday that a lawsuit might bring.


They are doing a good investigative job despite Bill Gates putting money on their table for self-promotion (which they give him). The most major patent attacks on Google come from Microsoft's cartel, alleges Google. I's not a mere theory as there is far too much evidence, including leaked strategic documents.

Recent Techrights' Posts

Approaching 10,000 Articles/Pages Since Going Static
Trying to silence or derail the site was always a dumb strategy
Microsoft is Shedding Off Loads of Staff and That Can be Dangerous Too
Working for Microsoft is a choice; nobody forces you to do it
Richard Stallman and the Unix Philosophy
When asked about systemd people must remember that RMS speaks as an active Board member of the FSF and also the founder of the FSF
Get Rid of Back Doors, Don't Obsess Over Bounties and Other Corporate PR Stunts (or Needless Reboot Rituals)
Security as a term has mostly lost its meaning due to repeated misuse for many years
Serial Sloppers Are Killing the Web (They Probably Don't Care, Either)
Slop is a disease on the Web
IBM's Debt Ballooned by 8.5 Billion Dollars in Just 3 Months!
Hallmark of a company in a state of disarray, trying to spend its way out of trouble
Big Trouble in GNOME
even GNOME people admit the CoC went wrong
 
Links 25/04/2025: Slop Fatigue and Patent Judges Flocking to Fake, Unconstitutional and Illegal Kangaroo Court (UPC, Captured 'Justice')
Links for the day
Gemini Links 25/04/2025: Night Manager and Devuan in Hosting
Links for the day
Windows Falls to New Lows in Nicaragua, Now Below a Quarter (It Used to be Almost 100%)
Another all-time low for Windows
The Cost (to Linux) of LLM Slop
Slop 'artists' like Fagioli are far from harmless
Links 25/04/2025: Ubisoft Spyware, Hegseth Fails at Tech on Every Level
Links for the day
Gemini Links 25/04/2025: Food Forest Update and Facebook Destroying the Net
Links for the day
Streaming Apps Are “Investor Fraud” That Kills the Planet
Reprinted with permission from Ryan Farmer
Things Get Increasingly Nasty at Microsoft Ahead of the Fake Results and May's Mass Layoffs Wave
They try to get people to 'resign' so that they won't count as layoffs and the company's 'wellbeing' will seem better
Slopping the Trough: Disney Plus Loses Billions and the Decline of Physical Media in America
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 24, 2025
IRC logs for Thursday, April 24, 2025
Links 24/04/2025: GAFAM Problems and No Peace (or Ceasefire) in Sight
Links for the day
Slopfarms on the Web Almost Always Generate Anti-Linux FUD When They Produce "Linux" Output
Welcome to the dying Web
Richard Stallman's Oxford Talk Has Just Ended, Here Are Some Photos
he might hop over to another European country
Gemini Links 24/04/2025: Birthday and Good Work of Academia in Esotericism
Links for the day
Links 24/04/2025: EU fines Apple and Facebook, Another Microsoft GitHub Security Blunder
Links for the day
New Article Explains How the GPL Came About and WordPress Having Copyleft Obligations
Having been involved in the WordPress development community since almost the beginning, I know why it chose the GPL and how it restricts abuse by Automattic
IBM Gained Almost 6 Billion Dollars in "Goodwill" Value in Just 3 Months, According to IBM
Congrats to the management!
In Belarus, Yandex is Now Measured as 50 Times More 'Popular' (by Usage) Than Microsoft
Yandex continues to gain, whereas Bing cannot even register at 1%. Last month it was registered or measured at a measly 0.65%.
IBM Cannot Lie to Shareholders Anymore
"I would not be surprised if we see a layoff every quarter this year."
Dr Richard Stallman (RMS) Gives Talk in Oxford University in 4 Hours
If you live nearby, go there (it's free as in gratis)
Using a Law Firm's Licence to Exercise Politics Through Frivolous SLAPPs and Nastygrams (to Silence People, Remove Pages, Demand Fake or Forced 'Apologies')
Things must be getting really bad when lawyers act for raving antisemites
We're Working to Make Full-Site Search Available
This site has over 1,000 'wiki' pages, many thousands of documents, several thousands of videos, and about 50,000 blog posts or articles. We need to make them easier to find/navigate.
Links 24/04/2025: IBM Loses Many Contracts, Intel to Lay Off Over 20% (Not Counting Those Who Leave 'Voluntarily')
Links for the day
Richard Stallman Can Explain to Oxford Artificial Intelligence Society Why LLM Slop is Not Artificial Intelligence and Why It Hurts Society
another 'crop' of LLM slop that damages GNU/Linux and facts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 23, 2025
IRC logs for Wednesday, April 23, 2025
Open Source Initiative (OSI) Promoting Microsoft and Proprietary Software Using Microsoft Operatives
Because nothing says "Open Source" like GPL violations facilitated by Microsoft
Another Site Bites the Dust: "Open Source For You" Becoming a Slopfarm (LLM Slop)
What a shame. Another dead site.
Links 23/04/2025: Crackdowns on Dissent, Palin Loses Libel Retrial Against New York Times
Links for the day
Links 23/04/2025: Hard Times and Digital Amnesia
Links for the day
The GNU/Linux Site Formerly Known as "linoxide.com" is Back... as an LLM Slopfarm!
Better for linoxide.com to go offline than to do this
Richard Stallman to Speak in Oxford University Exactly a Day From Now
outsourced to GAFAM
Links 23/04/2025: "Hiding Corruption" and "The Cost of Defunding Harvard"
Links for the day
Microsoft 'Studies' Again? Leon Musolff is Writing Papers With Microsoft.
Even if one can see/find a link to "the study" (in the Bezos-controlled publication), most people won't look any further and just take everything at face value.
Towards GNU World Domination
The FSF led by Geoffrey S. Knauth with his friend Richard Stallman in the FSF's Board [...] Let's encourage people to adopt GNU/Linux. There has never been a better time.
statCounter Helps Visualise Just How Deep in Trouble Microsoft is (Especially in Africa)
Microsoft sabotaged efforts to connect Africans and equip them with GNU/Linux laptops
The Register is Using Linux-Hostile Clickbait in Articles of Linux Proponents
Don't be a "whore" to advertisers, team El Reg
Microsoft Windows in Cyprus Lacking a Future
Most people access the Web there from mobile
Matrix Has a Severe Problem With Illegal Images
If Matrix cannot get the CP problem under control, many projects and people will dump Matrix
Never Try to Justify Strangulation of Women (Not in the US and Not in the UK)
Joint post by Mrs. Rianne Schestowitz and Dr. Roy Schestowitz
Links 23/04/2025: Tesla Profits Plunge 71%, Intel Ready to Lay Off 20% of Staff, Microsoft and IBM Layoffs
Links for the day
Microsoft's Most Profound Issue is That People Moved to 'Mobile' and "App Stores" (Microsoft's Presence There is Negligible)
Expect a wild ride for Microsoft this year
Google News is Amplifying FUD and Lies About Linux (and OpenSSH/SSH) by Promoting Slopfarms With Machine-Generated FUD and Slop Images
Google should know better
Gemini Links 23/04/2025: Librarians, Anubis, and Refactoring a Gemini Capsule
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 22, 2025
IRC logs for Tuesday, April 22, 2025