03.04.09

Another Company Affiliated with Microsoft Sues Red Hat Using Software Patents

Posted in Bill Gates, Courtroom, Finance, Free/Libre Software, GNU/Linux, Kernel, Microsoft, Patents, Red Hat, Steve Ballmer, Windows at 4:53 pm by Dr. Roy Schestowitz

“…Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux.”

Larry Goldfarb, Baystar, key investor in SCO

Summary: Red Hat’s latest headache and some other news about Microsoft’s aggressive crusade against Linux

THIS latest lawsuit seems like a combination of the Firestar case [1, 2, 3, 4, 5, 6] and also the ongoing case of Acacia, whose connections with Microsoft cannot be emphasised strongly enough [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. How much can Red Hat trust Microsoft?

Last month we saw a Microsoft partner, T3, attacking IBM and now we find a company whose partners include Microsoft attacking Red Hat using patents.

A small software company on Wednesday filed a lawsuit against open source distributor Red Hat and several vendors that sell Red Hat products, claiming that Red Hat’s JBoss middleware violates one of its patents.

[...]

Software Tree’s partners include Microsoft, IBM, Borland, and Sun, while customers range from Concert Communications to the Los Alamos National Lab and News Corporation’s Kesmai unit.

It is not unusual for Microsoft to attack Linux via any of its partners, allies, or hired guns. There are many examples that we’ve covered over the past couple of years, with victims that include Google. Is it too far fetched in this case? Maybe so, but all possibilities ought to at least be taken into account.

Going Direct

There was a reasonable assumption that Microsoft will only ever attack Linux indirectly, but inclinations to believe this changed about a week or so ago when Microsoft proudly announced to its shareholders that it was suing TomTom. We’ve covered this before, but here is a quote from Keith Bergelt (OIN) which is not worth missing:

When I spoke to Keith Bergelt of the Open Invention Network, he was far more directly critical: “The message that Microsoft has been putting out over the last year to 18 months, thanks to their presence in open source forums and Sam Ramji, is that a lot of that effort is not more than rhetoric, and that their behaviors are the same. The inclusion of patents and the targeting of Linux, whether it’s by design or not, is provocative.

“And it’s unfortunate, because any of the work they were doing to develop a better manner of comportment and integration within the community will be for naught. It also solidifies the resolve of the community to support Linux users and the rights of them to use Lx. Irrespective of whether TomTom has other [patent] issues, this is a separate action. This action, by dragging in those Linux-targeting patents, is just more of Microsoft being Microsoft, and underscores how far they still have to go to be accepted by the open source community.”

Pamela Jones at Groklaw adds: “I can’t resist pointing out that when SCO first sued IBM it told the media that it was not a fight against Linux developers, just a dispute between it and IBM. That proved untrue.

Microsoft: “Come to Haven, Windows”

As we showed earlier today, formal and informal spokespeople of Microsoft (such as Enderle) keep pretending that this is not about Linux, but it is. Microsoft is trying to ‘embrace’ open source while only pretending it has no problems with “Linux”.

Even though some believe that Microsoft’s recent patent lawsuit against TomTom is a prelude to an all-out legal assault on Linux, that doesn’t stop Bob Muglia, the company’s president of Server and Tools Business, to look into the future and state that Microsoft’s products will look more and more to open source software. In fact, he predicts most Microsoft products will have open source in them at some point.

Regarding the above, writes Groklaw in reference to the headline (“Muglia: Open Source To Permeate Microsoft”): “Just not in a good way, I’m guessing. So… is this the embrace part?

Balzac, over at our IRC channel, writes: “Bill Gates and Steve Ballmer want to profit from “open source”, control it, subvert it, marginalize truly free software, never offer a mea culpa or apologize for their years of being belligerent and wrong about everything. All of this in the interest of protecting their egos, because they can’t admit they clung to an archaic business model and licensing approach.

Microsoft Wants to Impose Linux Tax

As asserted by Harald Welte, it’s about cost. Another person makes a similar suggestion, arguing that Microsoft wants to rationalise “Linux tax”.

How can you compete with free ? That’s the question every business publication has been asking to Microsoft lately. Of course priceless software is actractive per-se, so many online journalist and bloggers already foresaw Microsoft’s decline in the OS war.

Well, seems like Microsoft had an answer lately, and a good one.

In the last few days, perhaps taking advantage of me being offline ;-), Microsoft sued TomTom on 8 software patents. Amongst them 3 related to filesystem management. Something as stupid as ‘Common namespace for long and short filenames’.

akf wrote to say that “some already pay”. This point was stressed several days ago and as akf notes, “The really sad thing is, if you read the texts carefully, there seem to be companies, which already do pay Microsoft for Linux! Only TomTom refused to do that.

“First they ignore you, then they ridicule you, then they fight you, then you win.”

(Usually attributed to) Mahatma Gandhi

Steve Ballmer license

Image from Wikimedia

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2009/03/04/software-tree-vs-red-hat-jboss/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

5 Comments

  1. Gentoo User said,

    March 4, 2009 at 5:10 pm

    Gravatar

    I noticed the other day you wrote an entire post based on Slashdot comments (some of which I think you later mentioned you had modded up), so here’s an interesting one I noticed on the discussion of this topic over there this morning. To quote (because it’s really good):

    Yay for selective quoting! (Score:5, Informative) … on Wednesday March 04, @08:44AM (#27065889)

    “Software Tree’s partners include Microsoft, IBM, Borland, and Sun”

    Fixed that for you.

    Another, as a reply to that one:

    Only their website doesn’t even mention Microsoft as a partner. IBM, Borland, Sun and Oracle are mentioned as partners, though, with contact details.

    What was the intention of mentioning Microsoft and leaving out those partners? Is Microsoft a business partner at all?

    I hate software patents. But summaries like this blatantly trying to skew facts to weasel in hints of a grand Microsoft conspiracy does the fight against software patents disservice.

    What a crook. Bad! I had to look twice because I fully expected this to be a “kdawson”. Not this time, though.

    I assume these people must work for Microsoft, as you are keen on quickly pointing out in cases like these.

  2. Dan O'Brian said,

    March 4, 2009 at 7:54 pm

    Gravatar

    Don’t you know? Microsoft are like the Illuminati, they are everywhere and they are nowhere. They control everything.

  3. David Gerard said,

    March 5, 2009 at 10:00 am

    Gravatar

    Note that this is two competitors for the price of one: Red Hat and Java.

    In real commercial server use, Java is everywhere. .NET faces an uphill battle and no-one takes it seriously.

  4. Roy Schestowitz said,

    March 5, 2009 at 10:17 am

    Gravatar

    .NET faces an uphill battle and no-one takes it seriously.

    Must you really insult Novell?

  5. David Gerard said,

    March 5, 2009 at 11:27 am

    Gravatar

    I mean, of course, against users ;-p Specifically internal software developers at companies, who are the 95% of developers who *don’t* work on shrinkwrapped software.

What Else is New


  1. IRC Proceedings: Tuesday, June 15, 2021

    IRC logs for Tuesday, June 15, 2021



  2. Virtual Injustice -- Part 8: A Well-Connected 'IP' Maximalist

    The EPO‘s lobbying for European software patents goes all the way to the top, including António Campinos and his circle



  3. Links 16/6/2021: Alpine 3.14.0 and DXVK 1.9

    Links for the day



  4. Links 15/6/2021: Debian Installer Bullseye RC 2 and Zink Updates

    Links for the day



  5. IRC Proceedings: Monday, June 14, 2021

    IRC logs for Monday, June 14, 2021



  6. Virtual Injustice -- Part 7: Musical Chairs and Revolving Doors

    Cross pollination in Alicante and Munich serves to show that people aren't picked for their skills and experience; it's like a private club or a clique



  7. Hardly Shocking and Not At All Surprising That Thugs Who Run the EPO Hired External Thugs to Help Them Oppress Aggrieved Staff

    With the EPO's management flooding the bank accounts of aggressive law firms (at our expense) we need to ask serious questions about how such a "Mafia" (what EPO staff calls the management) managed to metastasise inside Europe's second-largest institution and how to remove this "Mafia" as soon as possible (some arrests too are well overdue)



  8. [Meme] There Are No Elections in Mafia-Type Regimes; It's About Family and Friends...

    With no real concept or notion of "elections" (the so-called 'mafia' members choose their successors and colleagues) the EPO's patent examiners clearly need outside intervention, e.g. inquest by the EU authorities (the EPC died and maybe the EPO too; it's unregulated and it grants false patents that harm Europe because the courts don't function, either)



  9. Today's Linux Standing for the Opposite of What Linux Users Stand for

    The so-called 'Linux' Foundation or the "Corporate Linux Foundation" is alienating many of the original users of GNU/Linux and it still insults their intelligence; it's rewriting history, it still distorts the objectives, and before we know Linux will perish and lose momentum because all the excitement associated with the brand will fizzle away



  10. Links 14/6/2021: Kdenlive 21.04.2 and Raspberry Pi 400 Support in Linux

    Links for the day



  11. [Meme] EPO 'Lawfulness' as Crude Budget Wars

    A war of attrition against EPO staff won’t ensure justice is done; it’ll only increase the number of casualties and accomplish nothing good



  12. A Parade of 'Yes Men': EPO's Budget and Finance Committee as Rubber-stamper of the Dictatorship That Pays the Salary

    The lack of oversight at the EPO has long been apparent and it is becoming ever more problematic now that huge sums of money are passed by the EPO's management to law firms whose sole role is to fight against aggrieved EPO staff



  13. Links 14/6/2021: Linux 5.13 RC6, Psychonauts 2 for GNU/Linux

    Links for the day



  14. Conveniently Conflating Vaccination With the Surveillance Business of IBM/Linux Foundation

    The way some media handles COVID-19 can be described as self-serving, especially Microsoft-connected sites looking to make “Linux” sound bad (or like property of Microsoft); the video above discusses this past weekend’s media coverage about “Linux”



  15. [Meme] Microsoft Stooping Down Low in Search of Vapourware With a Superficial Version Bump

    Instead of trying to actually fix its broken (and self-breaking) operating system Microsoft has decided to sell mythology and false promises, as usual



  16. [Meme] Illegal Location, Illegal Methods (Haar ViCo)

    EPC denial is more lethal than anything which the the EPO says may merit 'urgency' (as if having discussions about patents will save lives)



  17. The 'Fixer' of António Campinos Taints G1/21 (ViCo Hearing)

    The meeting which is set to resume at the start of next month includes the 'Fixer' of António Campinos; what sense of impartiality might one expect?



  18. IRC Proceedings: Sunday, June 13, 2021

    IRC logs for Sunday, June 13, 2021



  19. Virtual Injustice -- Part 6: Best Buddies With António

    Benoît Battistelli, António Campinos, and the Hungarian link of the EPO



  20. Classic: Old EPO Strike

    2008 EPO video, predating the Benoît Battistelli EPO regime



  21. Links 13/6/2021: Linux 5.14 Work, Lots of Patent News

    Links for the day



  22. Update on Gemini, IPFS, and IRC

    "The video which was supposed to be a few minutes long ended up taking a lot longer, but it does cover a broad range of topics that are relevant and very recent (based on recent developments)."



  23. IRC Proceedings: Saturday, June 12, 2021

    IRC logs for Saturday, June 12, 2021



  24. Virtual Injustice -- Part 5: Benoît's “Friends” in Budapest

    "Battistelli went to considerable lengths to secure the support of the Hungarian delegation."



  25. Links 13/6/2021: KDE Frameworks 5.83.0 and helloSystem 0.5

    Links for the day



  26. The Story of Techrights, in Banners...

    A look back at site banners from 2006-2021; they help illuminate or show our changing focus over the years



  27. With KDE Plasma 5.22 Having Just Been Released It's Time to Give KDE a Try (or Move to GNU/Linux, Leveraging the Best Features of Any Operating System Out There)

    A quick recommendation of KDE based on a reasonably recent (but not latest) build; there's this myth about KDE being difficult and flaky, but for a number of decades it has been the most advanced desktop (on any operating system) and its developers managed to hide the complexity while offering users all the power they may want/need



  28. Open Letter to the FSF About Taking Control of the FSF's (and GNU's) IRC Channels

    The FSF should have seized the opportunity, in light of self-harming IRC infighting (instability and unpredictability), to create its own IRC network and then help this new (or "GNU") network flourish



  29. EU Already Captured by -- and Lying for -- Corrupt EPO Officials, Team UPC, and Lobbyists of Multinational Corporations

    12 pages of lies; is the European Parliament reduced to a mere marionette of corrupt officials who run the EPO into the ground?



  30. [Meme] Virtual Code of Conduct (ViCoC)

    Cheapening of basic concepts and principles like "right to be heard" or "access to justice" is an international trend; we need to push back in the direction of justice, not fake 'innovation' or 'tech' (where it clearly does not belong)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts