Bonum Certa Men Certa

More Information Emerges About the Microsoft-Red Hat Patent Agreement

Good for Red Hat, not so much for anybody else...

Red Hat and Microsoft



Summary: Informed (GNU/Linux-centric) journalists who looked beyond the misleading press releases and the distracting marketing campaign have managed to find out and highlight the patent issues associated with the Red Hat-Microsoft deal

AS WE noted in our previous coverage, Red Hat does not want anyone to speak about -- let alone know -- the patent aspects of its deal with Microsoft. Most articles, following a dry (on facts, not on marketing) press release, say nothing about it. Here is one puff piece that plays along with the “Microsoft Loves Linux” narrative, which is extremely misleading (lulling us into dangerous optimism). The author writes: "It’s a long way from the days when the former Microsoft CEO Steve Ballmer described Linux as a “cancer.” Last year his successor, Satya Nadella, proclaimed that “Microsoft Loves Linux” mainly because of its importance in the cloud." No, Nadella is still attacking Linux and Android using patents. Consider the deals with Samsung, Kyocera, ASUS and Dell. Patent extortion in action!



“Microsoft Loves Linux” hype… is just not true… covertly spread open-source-related FUD…”
      --Simon Phipps
We quite liked Simon Phipps' take on this (without IDG's editorial shadow). He is the former head of the OSI, so this matters a lot. He wrote:

All the same, let’s be clear that all the “Microsoft Loves Linux” hype I saw at SUSECon in Amsterdam yesterday and at other events earlier this year is just not true. Microsoft Azure loves Linux, there is no doubt; it is a basic requirement for them to become relevant on a cloud market dominated by AWS and Linux. They have been out in force at every commercially-oriented open source I have attended this year and have a full-scale charm offensive in place.

But the rest of the company still does not. They still seem to covertly spread open-source-related FUD about LibreOffice here in Europe. They haven’t foresworn making embedded Linux vendors pay for patent licenses of dubious necessity. The Azure business unit is certainly embracing the ecosystem the same as many before them have done so in their steps towards open source. But the Windows and Office business units show no signs of “loving” Linux and only modest signs of co-existing with open source.

[...]

If they want to signal the end of hostilities, step one is to sign the Mozilla Open Software Patent License Agreement or join OIN. Until one of those happens, I remain sceptical of Microsoft’s love for Linux.


"Microsoft" and "Love" don't belong in the same sentence. These sociopaths, as I only recently found out, tried to get me fired from my job. Microsoft hardly even behaves like a normal company. It's more like an informant (of the NSA among others) and a cult, led by a fake 'philanthropist' egoistic thug.

Writing for IDG, Phipps softened his words somewhat and wrote: "Software patents have also been a sticking point. Red Hat made clear that it does not acknowledge the validity or enforceability of Microsoft’s patents, but all the same has demanded a stand-still agreement guaranteeing neither company will pursue patent claims against the other or its customers. There’s no indication whether this extends to partner ecosystems.

“As opposed to the Novell SUSE patent covenant, the Red Hat Microsoft partnership now provides for what Red Hat is referring to as a patent standstill in the FAQ.”
      --Sean Michael Kerner
"That is a key issue for the open source community. While its Azure business unit has been professing love for Linux and smothering everything in penguins, the rest of Microsoft has carried on attacking the Linux ecosystem with patent claims and showing little accommodation for open source in its cash cow Windows and Office endeavors. Azure may be desperate for validation in a tough an competitive market, but the rest of Microsoft still needs to change more than going silent on its antipathy for open source."

Writing for another big publisher (but not IDG), Sean Michael Kerner shed some light on the patent situation:

The path to the Microsoft Red Hat partnership has followed a long and winding road over a decade of mistrust and competition. In 2007, Microsoft alleged that open-source software infringes on more than 200 of its patents. Previous Microsoft partnerships with Linux vendors, including SUSE (formerly part of Novell), involved a patent covenant to deal with intellectual property issues. At the time of the Novell deal, former Microsoft CEO Steve Ballmer was very clear on his views about Linux patents; he noted that Microsoft's deal was only with Novell SUSE Linux, and others still have an issue with infringing on Microsoft's intellectual property.

In an FAQ posted by Red Hat, the company states, "Red Hat and Microsoft have agreed to a limited patent arrangement in connection with the commercial partnership for the benefit of mutual customers." As opposed to the Novell SUSE patent covenant, the Red Hat Microsoft partnership now provides for what Red Hat is referring to as a patent standstill in the FAQ.

In response to a question from eWEEK, Cormier strongly emphasized that Red Hat remains true to its core open-source principles and is not compromising on them in the Microsoft partnership.

"Red Hat and Microsoft did not acknowledge the validity or value of each other's patents," Cormier said. "This is a commercial deal spurred by strong customer demand for our solutions to work together."

"In order for the deal to work, Scott [Guthrie] and I agreed early on that it would only work if neither of us compromised our core business principles, and we did not," Cormier said.


Senior Red Hat employees who have spoken to me about this have done effectively nothing to refute what I wrote. One of them falsely claimed that I compared this to the Novell deal (I didn't, it would make no sense).

Not many people have noticed the part about patents because Red Hat did a fine job hiding it. Phoronix just said that "Microsoft and Red Hat have jointly announced a partnership today to "deliver more flexibility and choice" in the cloud."

That sounds a little bit like Novell and Microsoft trying to characterise their patent deal (colluding against GNU/Linux vendors other than Novell) as "collaboration", "interoperability", and so on. Tim Anderson, a Microsoft booster from The Register, did not mention anything about patents.

"Due to layoffs there are limited resources and Microsoft is now counting on patents as a strategy against GNU/Linux. "As other articles from The Register serve to remind us, Vista 10 has been a catastrophe (The Register, to its credit, wrote a great deal about this). Its latest article makes is apparent that OEMs too -- not just useds [sic] -- will be force-fed Vista 10 pretty soon. As it was put two days ago, "Satya Nadella’s firm has quietly let slip that October 31, 2016, will be the final day for PC makers to buy copies of the operating system for pre-install."

Microsoft cannot maintain Windows like it did back in the days of Windows XP. Due to layoffs there are limited resources and Microsoft is now counting on patents as a strategy against GNU/Linux. It promotes people accordingly. Let's not forget other assaults on GNU/Linux, such as UEFI restricted boot, which complicates and at times makes impossible installation of GNU/Linux on whiteboxes.

Comments

Recent Techrights' Posts

Universities Became Bad Places for Work
What happened to academia?
Microsofters' SLAPP Censorship - Part 11 Out of 200: Cannot Censor His Spouse, Accusations Are Repeated Today
He already has a history of threatening to sue gay people in America; he cannot take criticism too well
"Alternative to Microsoft Office" Must Use Free/Open Standards/Formats for Real Sovereignty
It would make sense for the EU to invest in its own workers and its own software projects, more so now that there are hostile countries both to the east and to the west
When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
 
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day
Atlassian Corp: We're Doing Layoffs Because of "Hey Hi"; Wall Street: Atlassian Corp is Just a Failing Business
Don't ask "the media"
Price of Storage, Price of Energy... What Next?
EPO workers are going on strike because their salaries don't keep up with price increases and tech companies without connections in "the channel" face long delays, low availability, and high prices (no "bulk" purchases), which further solidifies monopolies.
Don't Forget Red Hat's RTO (Return-to-office) Layoffs
How many people still remember that Red Hat did the same thing?
Reminder: Microsoft silent Layoffs by RTO (Commute Time and Lack of Comfort/Work Satisfaction) Already in Effect This Year
It's difficult to measure how many employees have already "left on their own" due to the RTO policy
Founder of IBM Ventures Has Just Quit IBM
Some people leave IBM and many people 'leave' IBM
Signs of Impeding Mass Layoffs - Not Just Quiet Layoffs - at Microsoft
Beneath the surface there are waves of layoffs and even entire teams are let go
Career Science and Academia as Corporate Propaganda 'on Tap'
article about surveillance
Veteran GNU/Linux Journalist Jack Wallen Tries Geminispace and Likes It
It'll turn 7 some time soon
Scheduled Maintenance Tonight
There will be similar work early next week
IBM Has No Clue How to Integrate Companies Like Red Hat
IBM is failing to respect this company's culture
Fake Articles From Sites With "Linux" in Their Name/Domain Name
we can at least hope that linuxteck.com made a decision to quit slop
Links 13/03/2026: New US Weapons for Taiwan, Pakistan Air Strikes Hit Kabul
Links for the day
Gemini Links 13/03/2026: Exhaustion and Smartphone Addiction
Links for the day
Friday the 13th & Debian Developers afraid to nominate in DPL elections
Reprinted with permission from Daniel Pocock
Links 13/03/2026: Chatbot "Pentagon Contract" (Bailout) and Secret Service Ditches Slop Pusher
Links for the day
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day