03.21.09

Gemini version available ♊︎

Novell, Red Hat, and Software Patents: Strike II

Posted in Microsoft, Novell, Patents, Red Hat at 4:05 am by Dr. Roy Schestowitz

Pinoccio
Searching for truth regarding Red Hat and software patents

Summary: Novell’s long tradition of software patenting lives on, but what about Red Hat?

WE already know very well about Novell and its attitude towards software patents. It keeps acquiring them and according to the Salt Lake Tribune it has just gotten some more.

Method and system for dynamic assignment of entitlements, patent No. 7,505,972, invented by Jay Wootton of Lindon, Dennis Foster of Spanish Fork, Joe Skehan of Sandy, Charles Morgan of Springville, Jason Elsberry of Provo, Ryan L. Cox of Provo, William Street of Orem, Stephen R. Carter of Spanish Fork, and Nick Nikols of Draper, assigned to Novell Inc. of Provo.

System and method for filtering of web-based content stored on a proxy cache server, patent No. 7,506,055, invented by Carolyn B. McClain of Springville, and Jim E. Thatcher of Pleasant Grove, assigned to Novell Inc. of Provo.

What we are a little disappointed to see is that Red Hat is not serious about or at least not committed to fighting software patents, so the latest Red Hat kerkuffle is not quite over yet. Red Hat did participate in making the Bilski ruling happen, but the FFII is suggesting that there is conflicting evidence nonetheless (more on that soon).

Pieter Hintjens, the former head of the FFII, has pointed out that the first patent problem was not exactly an isolated incident when he pointed at Slashdot’s direction. It made the front page and Digital Majority covered this too. To summarise:

US Patent 7453593 claims command-line processing by a web server of SOAP requests, resulting in XML responses, from and to a remote client. The HTTP Common Gateway Interface (CGI) operates precisely as described in Claim 1. If you POST a SOAP document and return an XHTML response or a SOAP document, this infringes on Claim 2, since both XHTML and SOAP are XML languages. This patent thus claims to own the processing of SOAP documents by CGI programs.

Some guys from the FFII were preparing some questions for Rob Tiller. He joined Red Hat about a year ago. To quote JupiterMedia: “Red Hat today announced that it had hired Rob Tiller as vice president and assistant general counsel, and Richard Fontana, as open source licensing and patent counsel.”

Pieter attaches some questions (from the above):

I have some questions for Red Hat. Dear Red Hat,

* Why are you filing patents on obvious ideas with ample prior art?

* Will you promise not to sue my clients if they embed my AMQP/XML routing engine in their closed-source applications?

* What if IBM buys Red Hat, as they are buying Sun. Does Red Hat’s patent promise still apply?

* Can you confirm or deny suggestions that the Red Hat patent promise lets Red Hat license it patents to a third party, which can then sue FOSS implementors freely?

* Does Red Hat file patents on business methods (as well as on software algorithms)? If so, does your Promise cover the use of these patents by other FOSS distribution businesses?

Later on, Pieter asked:

Here are my questions to Red Hat’s lawyers:

1. Why are you filing patents on obvious ideas with prior art, like SOAP?

2. If my clients embed my free AMQP/XML engine in their closed apps, are they covered by your Promise?

3. If IBM buys Red Hat, does your Promise still hold?

4. If a 3rd party licenses a patent from you, and then sues my FOSS company, does your Promise still hold?

5. Does Red Hat file business method patents on their software distribution business?

6. If “Yes”, does your Promise protect my FOSS distribution business which uses these patents?

7. Would opposition to a Red Hat patent filing at the USPTO or EPO count as “litigation” under the Promise?

Until the use of Red Hat’s patents against competing FOSS firms and their clients is 100% clear and permanent, then I hold that Red Hat’s patent portfolio is first and foremost aimed at FOSS competitors, and only second at “trolls” and closed source firms.

In other patents news, the so-called 'reform' continues to show its wrinkles.

If Silicon Valley wants help in dealing with the so-called patent troll problem you do not need to limit damages, you just need to fix the problem.

Nothing there addresses the issue of self-defending monopolies which fend off competition. Moreover, this remains a system that punishes those who expose the truth and rewards/bribes those who propagate the great lies about ‘innovation’ and the “small inventor”. Another Internet giant, The Go Daddy Group, has just obtained patents on Web hosting/registration.

Go Daddy gets three new patents, bringing total to five.

The Go Daddy Group, Inc, parent company of domain registrar GoDaddy, has been awarded three new patents this month. Based on a search of “Go Daddy” with the U.S. Patent and Trademark Office, Go Daddy now has five patents. Its previously issued patents include one for private domain registration (whois privacy) and a server based spam filter.

Who does this system actually serve? It merely protects those who are wealthy enough to be able to afford patents. When it comes to software that respects people’s freedom, it even illegalises it. This helps not at all when O’Reilly publishes a book with the vague/broad title “Intellectual Property and Open Source”; there is now an excerpt from it online. If it’s patents, then call it “patents” and if it’s about copyrights, then be it “copyrights”. To say “intellectual property” is like calling Switzerland “Europe” and arguing that Europe is a land of mountains (never mind if Belgium and Holland hardly have any).

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

6 Comments

  1. JohnD said,

    March 22, 2009 at 10:01 am

    Gravatar

    Acquiring a patent isn’t the same as using against someone. I’m guessing Novell has dozens if not hundreds of patents – how many times have they sued FOSS for patent infringement.
    If Novell has the patent, it means M$ doesn’t – which is good in my opinion. Hopefully the goal of the acquisitions is donation to OIN.
    Only time will tell.

  2. Roy Schestowitz said,

    March 22, 2009 at 11:14 am

    Gravatar

    If IBM or Microsoft bought Novell along with its patents, then what good would Novell’s promises and obligations be? UNIX counts too.

  3. JohnD said,

    March 22, 2009 at 11:35 am

    Gravatar

    I see your point, but how realistic are either of those situations?
    M$ has already been nailed as a monopoly, I doubt antitrust regulators would allow them to buy a major firm like Novell especially given it’s presence in the server rooms and on desktops. One of the popular theories is that M$ is propping up Novell in an effort to avoid antitrust issues – buying the company would defeat that purpose.
    People are already questioning if IBM/SUN could past antitrust muster and that’s just on the server hardware/Unix end of things.
    One would hope that any donations to OIN are permanent so if Novell does donate it’s a done deal.
    I still think one of the best moves Novell could make is to just buyout SCO then they could donate Unix IP to FOSS and begin a merge of Unix and Linux. You’d be looking at more serious market share if that happens.

  4. Roy Schestowitz said,

    March 22, 2009 at 11:56 am

    Gravatar

    It would not be of much use. Besides, not only Microsoft is a potential acquirer.

  5. Jose_X said,

    March 22, 2009 at 4:47 pm

    Gravatar

    I’m assuming a patent could be encumbered for all time by its owner, right (like giving the public certain rights)? An example might be that patent X can be used only for Y purpose and all other rights are given up (to the public). I understand why people would hesitate to make that decision today without knowledge of future threats or risking wording the encumbrance incorrectly. It might make more sense to donate it to a not-for-profit group that would have to work within predefined but more flexible boundaries.

  6. JohnD said,

    March 23, 2009 at 7:43 am

    Gravatar

    I would think that the owner has the ability to change the public’s rights to the patent at anytime – a perk of ownership. Kind of like owning a car. I could restrict it’s use for certain tasks and leave the rest up to the end users, but at the end of the day my name is on the title so I have the final say.
    It is my hope that Novell will donate what patents it can to OIN especially since I doubt the patent system will be fixed anytime soon. I think the only near term fix will be for the public to decide what kind of software is best for them. Hopefully the migration away from Windows will continue.

DecorWhat Else is New


  1. Links 01/02/2023: Stables Kernels and Upcoming COSMIC From System76

    Links for the day



  2. IRC Proceedings: Tuesday, January 31, 2023

    IRC logs for Tuesday, January 31, 2023



  3. Links 31/01/2023: Catchup Again, Wayland in Xfce 4.20

    Links for the day



  4. Links 31/01/2023: elementary OS 7

    Links for the day



  5. Intimidation Against Nitrux Development Team Upsets the Community and Makes the Media Less Trustworthy

    Nitrux is being criticised for being “very unappealing”; but a look behind the scenes reveals an angry reviewer (habitual mouthpiece of the Linux Foundation and Linux foes) trying to intimidate Nitrux developers, who are unpaid volunteers rather than “corporate” developers



  6. Links 31/01/2023: GNOME 44 Wallpapers and Alpha

    Links for the day



  7. Free and Open Source Software Developers' European Meeting (FOSDEM) and KU Leuven Boosting Americans and Cancellers of the Father of Free Software

    The Free Software Foundation (FSF) and its founder, Richard M. Stallman (RMS), along with the SFLC one might add, have been under a siege by the trademark-abusing FSFE and SFC; Belgium helps legitimise the ‘fakes’



  8. Techrights in the Next 5 or 10 Years

    Now that I’m free from the shackles of a company (it deteriorated a lot after grabbing Gates Foundation money under an NDA) the site Techrights can flourish and become more active



  9. 60 Days of Articles About Sirius 'Open Source' and the Long Road Ahead

    The Sirius ‘Open Source’ series ended after 60 days (parts published every day except the day my SSD died completely and very suddenly); the video above explains what’s to come and what lessons can be learned from the 21-year collective experience (my wife and I; work periods combined) in a company that still claims, in vain, to be “Open Source”



  10. IRC Proceedings: Monday, January 30, 2023

    IRC logs for Monday, January 30, 2023



  11. Taking Techrights to the Next Level in 2023

    I've reached a state of "closure" when it comes to my employer (almost 12 years for me, 9+ years for my wife); expect Techrights to become more active than ever before and belatedly publish important articles, based on longstanding investigations that take a lot of effort



  12. The ISO Delusion: When the Employer Doesn’t Realise That Outsourcing Clients' Passwords to LassPass After Security Breaches Is a Terrible Idea

    The mentality or the general mindset at Sirius ‘Open Source’ was not compatible with that of security conscientiousness and it seemed abundantly clear that paper mills (e.g. ISO certification) cannot compensate for that



  13. Links 30/01/2023: Plasma Mobile 23.01 and GNU Taler 0.9.1

    Links for the day



  14. EPO Management Isn't Listening to Staff, It's Just Trying to Divide and Demoralise the Staff Instead

    “On 18 January 2023,” the staff representatives tell European Patent Office (EPO) colleagues, “the staff representation met with the administration in a Working Group on the project “Bringing Teams Together”. It was the first meeting since the departure of PD General Administration and the radical changes made to the project. We voiced the major concerns of staff, the organization chaos and unrest caused by the project among teams and made concrete proposals.”



  15. Links 30/01/2023: Coreboot 4.19 and Budgie 10.7

    Links for the day



  16. IRC Proceedings: Sunday, January 29, 2023

    IRC logs for Sunday, January 29, 2023



  17. [Meme] With Superheroes Like These...

    Ever since the new managers arrived the talent has fled the company that falsely credits itself with "Open Source"



  18. Not Tolerating Proprietary 'Bossware' in the Workplace (or at Home in Case of Work-From-Home)

    The company known as Sirius ‘Open Source’ generally rejected… Open Source. Today’s focus was the migration to Slack.



  19. The ISO Delusion: A Stack of Proprietary Junk (Slack) Failing Miserably

    When the company where I worked for nearly 12 years spoke of pragmatism it was merely making excuses to adopt proprietary software at the expense of already-working and functional Free software



  20. Debian 11 on My Main Rig: So Far Mostly OK, But Missing Some Software From Debian 10

    Distributions of GNU/Linux keep urging us to move to the latest, but is the latest always the greatest? On Friday my Debian 10 drive died, so I started moving to Debian 11 on a new drive and here's what that did to my life.



  21. Stigmatising GNU/Linux for Not Withstanding Hardware Failures

    Nowadays "the news" is polluted with a lot of GNU/Linux-hostile nonsense; like with patents, the signal-to-noise ratio is appalling and here we deal with a poor 'report' about "Linux servers" failing to work



  22. Microsofters Inside Sirius 'Open Source'

    Sirius ‘Open Source’ has been employing incompetent managers for years — a sentiment shared among colleagues by the way; today we examine some glaring examples with redacted communications to prove it



  23. Links 29/01/2023: GNOME 43.3 Fixes and Lots About Games

    Links for the day



  24. The Hey Hype Machine

    "Hey Hype" or "Hey Hi" (AI) has been dominating the press lately and a lot of that seems to boil down to paid-for marketing; we need to understand what's truly going on and not be distracted by the substance-less hype



  25. IRC Proceedings: Saturday, January 28, 2023

    IRC logs for Saturday, January 28, 2023



  26. Unmasking AI

    A guest article by Andy Farnell



  27. The ISO Delusion/Sirius Corporation: A 'Tech' Company Run by Non-Technical People

    Sirius ‘Open Source’ was hiring people who brought to the company a culture of redundant tasks and unwanted, even hostile technology; today we continue to tell the story of a company run by the CEO whose friends and acquaintances did severe damage



  28. Links 28/01/2023: Lots of Catching Up (Had Hardware Crash)

    Links for the day



  29. IRC Proceedings: Friday, January 27, 2023

    IRC logs for Friday, January 27, 2023



  30. Microsoft DuckDuckGo Falls to Lowest Share in 2 Years After Being Widely Exposed as Microsoft Proxy, Fake 'Privacy'

    DuckDuckGo, according to this latest data from Statcounter, fell from about 0.71% to just 0.58%; all the gains have been lost amid scandals, such as widespread realisation that DuckDuckGo is a Microsoft informant, curated by Microsoft and hosted by Microsoft (Bing is meanwhile laying off many people, but the media isn’t covering that or barely bothers)


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