Bonum Certa Men Certa

Patent Pledges Are Pointless, Here's What Red Hat Can Learn From Twitter

How not to 'pull a Novell'

Liar Liar poster



Summary: Even though Twitter made a mistake by validating software patents as a concept, its new licence can help Red Hat prevent the "weaponisation" of its patents (learning from Novell's mistakes)

The problem with patent pledges is that they're missing the point and are a short-term solution, if any solution at all. Twitter is against software patents, as we showed some years ago. The executives openly complained about software patents. Despite support from people with a lot of money, Twitter's new patent pledge is merely a promise not to use its patents offensively (agreement here), but one can just "fork and troll" as the FFII's president put it. Also, it gives birth to yet more software patents.



"Why get weapons in the first place? It doesn't even deter against trolls, which would be terrorist equivalent if one used a nuclear analogy."Twitter might not be the only company in possession of these patents over the next 20 years. As one put it, "I wonder if that would change with Netscape patents?" (which Microsoft now 'owns', as strange a concept as it may seem)

Netscape/AOL gave code to open source, so one might think their patents were "defensive" or at least harmless. But they are ending up in Steve Ballmer's portfolio this month, rendering any implicit promises pointless and useless. It is the same with Novell's patents, which were formerly included in the OIN and are now with Apple, Microsoft, and Oracle, all of which attack Linux with patents (Oracle uses Sun's patents against Android, so Sun's promises/goodwill too are useless).

Novell used to assure people that its patents were not a problem and so did Red Hat (which can in principle e sold along with its patents, only to see those patents used against Linux). Why get weapons in the first place? It doesn't even deter against trolls, which would be terrorist equivalent if one used a nuclear analogy.

Twitter received a lot of positive press for the move, including this:

Say what you want about Twitter - pointless, annoying, noise, useless - at least the company has its heart in the right place. Twitter just announced the Innovator's Patent Agreement, a promise not use their or their employees' patents offensively. In a world where yesterday's innovators are today's patent trolls - Apple, Microsoft, Oracle - this is a big deal.

The basic gist of the - for now - draft agreement is that Twitter promises not to use its patents or its employees' patents in an offensive manner without explicit permission from the people listed as inventors. This applies to both past, present, and future patents, and is strictly transferable; if the patents are sold, the original agreement still stands.


Red Hat made no legal promise, not one that would be honoured if the company got bought out. Zonker from (formerly) Novell explains that "Every Company Should Adopt Twitter's Internet Patent Agreement". To quote:

Twitter has raised the bar for recruiting the best and brightest developers, and without any real costs. Instead, the company's Innovator's Patent Agreement (IPA) appeals to a cause near and dear to many of today's best developers: Refusing to weaponize software patents.


What Twitter did should urge Red Hat to do the same, but ideally, Twitter should just never have gotten any software patents and the same goes for Red Hat.

Recent Techrights' Posts

[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
 
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025
Links 14/05/2025: Fentanylware (TikTok) Harms Kids, Russia Refuses to Defuse
Links for the day
Gemini Links 15/05/2025: Poseur Nerds and Mennonites
Links for the day
VS Code Is Not FOSS, And Neither Is the Site "It's FOSS"
VS Code is proprietary spyware of Microsoft, yet this site keeps promoting it like it's FOSS
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025