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

Digital Sovereignty Discussed in the United Kingdom (UK)
Digital Sovereignty would be nice, but let's remember what contributes to it
IBM Adds Only More IBM Staff to the Fedora Council, They Like LLM Slop for Posting 'Articles'
It's like Canonical with Ubuntu, only worse
SUEPO Munich Informs/Contacts the German Government About the Situation at the European Patent Office (EPO)
Salary Erosion Procedure: Two letters to Germany
 
Links 18/06/2026: Clown Computing Has Harmful Sound, Facebook "Must Face the Music (Infringement Litigation)"
Links for the day
IBM Common Stock Down to About $250, It Was at $330 Just 17 Days Ago
Happy birthday IBM!
Microsoft's CEO Openly Admits XBox is Not Sustainable and Microsoft is Beginning to Admit Slop Isn't Working and Is Not Not Sustainable Either
Expect Microsoft cancellations next month (or later this month) to impact far more than XBox and some studios
EPO and Disabilities: Payments Allegedly Disabled
But people who do cocaine can claim paid "sick leave" (over 100,000 euros for no work at all) if the President sleeps with them
SLAPP Censorship - Part 110 Out of 200: Anti-SLAPP Reform Formally Advanced in the United Kingdom (UK) the Same Week the Serial Strangler From Microsoft (US) Does Forum-Shopping in the UK
The only language they understand is money. They don't understand privacy.
Links 18/06/2026: UK Social Media Ban for Minors, Finland Lifts a Nuclear Weapons Ban
Links for the day
'Article' With "AI" 27 Times in the Page, It's "Partner Content" (Paid Spam) as Usual at The Register MS
We deem this a timely reminder that a lot of the hype around slop is paid-for lies
Microsoft Layoffs Have Reportedly Already Started at ZeniMax
The overall scale is unknown
Cyber Show: "Our independence remains intact and we're set to continue relentlessly probing the world of digital technology with hard questions"
As one should
European Patent Office (EPO) Series: Leveraging the Lusitanian Connection
Mendonça no longer functions as an independent agent but rather as a fig-leaf for a mafia-like entity that prizes obedience over integrity and self-preservation over truth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 17, 2026
IRC logs for Wednesday, June 17, 2026
The "Official" Numbers That Say "Microsoft Layoffs" Will be Misleading
The scale of the layoffs in gaming will be unprecedented
SLAPP Censorship - Part 109 Out of 200: When You Drag Family Members Into a Case Unrelated to Them Because Their Relative Published Something
This did not exactly surprise us given what we had already encountered
Gemini Links 17/06/2026: Feeling "Useful"; PISA Pen-and-Paper Cipher
Links for the day
Trajectory of O'Reilly: From Publisher of Books to Microsoft Advertiser
The state of the media is not good and when prolific book publishers start running ads as 'articles' or videos (never mind the disclosure) it is rather tasteless
Links 17/06/2026: Slop's “Crack Cocaine” Approach to Pricing, Microsoft's Rapid Shrinking of Gaming Business
Links for the day
Links 17/06/2026: "How Developers React to Slop-Scented Blog Posts", Police Caught Fabricating Evidence Using Slop
Links for the day
More Than 90% in European Patent Office (EPO) Ballot Vote for Continuation of Industrial Actions/Strikes, About Half Wish to Further Intensify These
Ballot results on intensification of actions
If Not Now, Then When?
If you are not part of the solution/s, then you're merely a vessel or passive participant
Microsoft Offers People 'Retirements' (Again) to Fake (Artificially Lower) Number of Layoffs, Those People Are Nowhere Near Retirement Age
Microsoft implicitly affirms huge cuts are coming
Gemini Links 17/06/2026: 10 Years in Canada, Wild Flower Explorations, and Microslop
Links for the day
European Patent Office (EPO) Series: The Portuguese Prodigy
In this part we will present some additional background information about Mendonça's activities before he joined the EPO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 16, 2026
IRC logs for Tuesday, June 16, 2026
Microsoft Will "DOOM" id Software and Others, Claim Observers
As the worst predictions trickle in and out Microsoft loses control of the narrative
Austria Shows Rapid Demise of Windows in the EU
Expect many Microsoft layoffs soon, and not just in XBox/gaming
Links 16/06/2026: Mainstream Media Affirms Microsoft Studio Closures Planned, Anthropic’s Latest Marketing Hype Debunked by Experts
Links for the day
This Morning The Register MS Published Page With "AI" 42 Times in It. It Was Paid SPAM.
The Register MS is propping up a pyramid scheme
Microsoft XBox is Having Its 1990s Apple Moment (Near Bankruptcy), Says Respected Insider
Microsoft's CEO has already admitted that XBox is having serious financial problems [...] They already try to reuse the brand "XBox" to refer to Vista 11
OECD Carries Water for Microsoft, Targets Schools and Children With Slop Agenda
Peel off a layer or two to find GAFAM
Microsoft "Xbox braces for sweeping studio closures before June 30."
Microsoft's control of the damage-limiting narrative has clearly slipped
In Africa's Largest Nation Windows Has Fallen From 100% to a Lot Less, Now All-Time Lows
Let's see what happens or will happen in Algeria in 2027
Richard Stallman's Talk Due in One Hour, Here's What People Say
To Stallman, what matters is control by users and collective control
SLAPP Censorship - Part 108 Out of 200: Moving On and Moving Up
an explanation of our rich history and commitment to courageous whistleblowers
Links 16/06/2026: UK to Restrict Access to Social Control Media; The FCC Wants to Eliminate Burner Phones
Links for the day
Why We Call Him Dr. Stallman
He got at least 15 such titles
United States of America: GNU/Linux Hovering Around 5% (It Started There)
GNU/Linux is turning 43 this year (in a few months), Linux will turn 35
Microsoft Promises Made to be Broken
It's a real problem and it is not limited to XBox
IBM Down $61 in Two Weeks, The Lies About Quantum Computers Didn't Last Long
IBM is an unsafe employer, not a good place to work
You Probably Don't Want to "Go Viral" in Toxic Social Control Media
Good news sites do not strive to go "viral" but to be consistently good, irrespective of "traffic"
New 'Article' in The Register MS Has Mentioned "AI" 44 Times. The Register MS Got Paid to Publish It.
Bear this in mind when seeing "hey hi" all over the news
18-Year Anniversary of Our IRC Community
As noted some months ago, trolling and abuse in our IRC network is very rare these days
Microsoft - Like IBM - is Leaving a Legacy is Emptied/Abandoned Buildings
Microsoft's LinkedIn had many layoffs recently
Richard Stallman's (RMS) Speaking Tour in Europe Coincides With Abandonment of Microsoft Windows
The message applies to all governments
Gemini Links 16/06/2026: Nazi Law of Mental Abuse and Lewis Aburrow's 3D-Printed Slider
Links for the day
Links 16/06/2026: Windows TCO and Fedora Finding Serious 20-Year-Old Holes in Microsoft Outlook
Links for the day
European Patent Office (EPO) Series: An Advisor to the President
he had recently advanced to membership of the "inner circle" of Team Campinos.
Two Weeks Ahead of July Three Studios Microsoft Plans to Shut Down Already Named
This is what happens when companies try to establish themselves on a mountain of promises and false assumptions, kicking the can down the road until payroll becomes hard to complete
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 15, 2026
IRC logs for Monday, June 15, 2026