Bonum Certa Men Certa

Red Hat, Microsoft, EU Lobbyists, and Software Patents

Steve Ballmer license
Image from Wikimedia



Summary: A roundup summarising important developments pertaining to software patents

A LOT has happened since the last post regarding software patents. Here are some reports and developments to be aware of.

Red Hat Revisited



For some background, see the posts which criticise Red Hat's attitude towards software patents [1, 2, 3, 4, 5]. The short story is that Red Hat is not telling the whole truth and it doesn't do as it preaches. Glyn Moody addresses incognitos at Red Hat, asking for answers to very important questions which, as far as we know, Red Hat has not formally answered yet.

I'd like to direct your attention to a long and interesting piece that has appeared on the Digital Majority site asking a very important question: “Did Red Hat lobby for, or against software patents in Europe?”

The piece is dense and closely argued, drawing on Red Hat's statements down the years to support its case. The central question it tries to address is whether Red Hat is truly helping to fight software patents in Europe, or whether it simply wants the patent system reformed to something more convenient for its own purposes as a big software house, while retaining the good graces of the free software movement.


Red Hat's response would be very important at this stage. The former head of the FFII names this "The Conspiracy of Silence" and he rightly lumps in some other companies like Sun Microsystems and IBM. He writes:

For me, the greatest threat to the Abolitionist movement is not the "bad guys" who wear black hats and do stupid things like suing RIM, or TomTom. It is the "good guys", who silently collect patents, allow the Community to be scared into accepting that these "defensive" patents are necessary, and who keep a blanket of silence over the public discussion of software patent abolition.

And those who allow this, from the best motives, are part of the conspiracy. Those who invest in projects like Peer-to-Patent are part of the conspiracy. Those who write how OIN is a great achievement, how various "promises not to sue" are sufficient to waive all concern… it is these good willed people who are the problem.


Novell's so-called 'hackers' as well are obtaining software patents rather than abolishing them. If they do so at the behest of their employer or shareholders, this is hardly an excuse. Moreover, promises not to sue are useless because they are not legal contracts and thus unexpected takeovers render them obsolete.

Speaking of Red Hat, in spite of the Microsoft connections at Lenovo, this OEM will stock Red Hat Enterprise Linux and no longer just SLES. We spotted this news about the ThinkStations the other day:

ThinkStations are certified from third parties to ensure compatibility with major applications, and the systems are preloaded with Windows Vista with support for RedHat Linux Enterprise 5.2.


Microsoft Attacks Linux with Patents



There are many articles, posts, and good comments about Microsoft's attempt to befriend open source whilst attacking it viciously in court (moreover targeting the feeble, which is already on the verge of bankruptcy).

Here is yet another article on this subject, which combines Microsoft's attack on Linux with Red Hat's unnecessary armament that damages the work of abolitionists.

'Patents Are FUD'



"It's sad that Red Hat thinks they need those patents," Montreal consultant and Slashdot blogger Gerhard Mack told LinuxInsider.

"The fix is still patent reform, since these patents will only protect Red Hat from companies that actually produce projects, and not patent trolls," Mack added.

"I hope 2009 will see the death of software patents before the U.S. Supreme Court," blogger Robert Pogson added. "We need that because the TomTom matter may take years to sort out.

"A decisive victory for freedom of software should reduce the threat of patents to a whisper," Pogson told LinuxInsider. "Until that day, patents are FUD that delays adoption of GNU/Linux and increases the cost of having to maintain a defense against these evil spirits


A formal document titled "Microsoft Launches Patent Offensive Against Linux" [PDF] was released. Any legal document with the headline "Microsoft Launches Patent Offensive Against Linux" can be seen as directly contradicting Microsoft's claims that this had nothing to do with Linux. Microsoft wants to sue and to scare without ever being scrutinised. How cheeky. SCO said the same thing when it sued IBM (that it was only a case against IBM and not against Linux).

Sean from Jupitermedia wonders if "Microsoft [is] feeling TomTom Linux patent chill."

That said, last year at OSCON, Ramji was quite literally mobbed by the audience after his presentation by attendees that were 'curious' about Microsoft's patent stance. The TomTom case potentially represents Microsoft's first real patent legal attack against Linux and as such, somehow I suspect that eventually that will trigger a chill of some sort.


Microsoft intentionally does not send out its 'Ballmers' and 'Horacios'. Instead, it is sending inexperienced people who will be painted as victims and make Microsoft's real victims looks like "zealots", like the bad guys.

Last week we wrote about BackWeb's lawsuit against Microsoft. It is an interesting situation because of the nature of the patents and many articles about the case have been published. For future use and reference, here are some more resources about this case against Microsoft.



In an article that IDG has spread all over the place (many of its domains), "open-source" firms are being encouraged to handle a bizarre strategy that only legitimises software patents.

Open-source software companies are missing out on a relatively inexpensive way to fight concerns about patent liability, according to an attorney who spoke at an open-source conference in San Francisco this week.

More open-source companies should be asking the U.S. Patent & Trademark Office to re-examine patents that may pose a threat to them, as a cheaper, sometimes more suitable alternative to waging a patent lawsuit, said Van Lindberg, an attorney with Haynes and Boone LLP, who spoke at Infoworld's Open Source Business Conference in San Francisco.


Wrong approach, sorry. It's better to eliminate software patents altogether, not pull another EFF. This article was also mentioned in The Inquirer.

LEGAL EAGLES working for Open Sauce collectives have discovered that there is a cheap way of fighting concerns about patent liability.


Those "LEGAL EAGLES" are probably just looking for business. To them, abolishment of software patents -- especially globally -- would mean financial bankruptcy or immediate career change.

Microsoft for Software Patents in Europe



We are utterly appalled by what Microsoft is doing with its lobbying guns in Europe. Yesterday we wrote about ACT/Jonathan Zuck, to give just one example. He is determined to illegalise and eradicate Free software. It's not just about patents and Free software by the way. "ACT was also defending Microsoft in the EU antitrust case," says an informant. "There are video recordings of him on the Audiovisual website of the Commission. Those are hidden on the EC website. You have to obtain a login and search in there."

“...Microsoft-sponsored presidencies and those which Microsoft helps install are pushing for obstructive change relentlessly.”We provided some evidence of this before. We did collect some press which shows Zuck et al AstroTurfing in defence of Microsoft, as an 'independent' body. That's just their spiel and they stir up trouble in Brussels every week.

According to this report (in German), the EU Parliament has thrown out another attempt to introduce software patents. It figures. But whilst many attempts to change these law are failing, Microsoft-sponsored presidencies and those which Microsoft helps install are pushing for obstructive change relentlessly.

Digital Majority does a spectacular job stalking the so-called "Community" -- as in "anti-Free software community" -- patent. Here are reports to watch out for:

1. Patent litigation reform to cut costs for SMEs

The European Commission is seeking powers from EU member states to conclude an agreement on a Unified Patent Litigation System (UPLS), which would establish a court with jurisdiction for existing European patents and the future Community patent system.

[...]

Under the UPLS, the ECJ would rule on preliminary questions raised by patent courts regarding the interpretation of EC law and regarding the validity and interpretation of acts from the Community institutions. The Commission will have to ensure that the rules of any draft agreement are consistent with the creation of a Community patentexternal.


2. Patents: EUROCHAMBRES welcomes negotiation mandate for the European Commission

Today, the European Commission requested from the Council a negotiation mandate on the European and Community Patent Court.


3. Patents: Commission sets out next steps for creation of unified patent litigation system

The European Commission has adopted a Recommendation to the Council that would provide the Commission with negotiating directives for the conclusion of an agreement creating a Unified Patent Litigation System (UPLS). The UPLS would increase legal certainty, reduce costs and improve access to patent litigation for businesses, in particular SMEs. The court structure to be established in the framework of the UPLS would have jurisdiction both for existing European patents and for future Community patents. This constitutes a further significant step in the pursuit of the EU's patent reform agenda.


No attempt to ban Free software is complete without some McCreevyism, either. This is just appalling, yet predictable.

IPJur.com wrote this good article where the unified patent litigation system is labeled "Another Secret Project Of The EU Commission." Has ACTA taught us nothing?

It looks as if this might well be something different than the European Patent Judiciary envisaged as counterpart to the EU Community Patent, the chances of which to come into life have further deteriorated since Mr Topolanek's forced demission. In the absence of further facts, the title might be understood as if there has happened some high-level decision to put aside or even abolish the well-known project of a European Patent Judiciary but to launch negotiations aiming at a more radical approach, e.g. merging all national patent courts (also for EP bundle patents and even for national patent?) into a single institution ("Unified" Patent Litigation System). Otherwise, it might also just be merely a technical turn to include EPC Member States not forming part of the EU (e.g. Turkey) into said European Patent Judiciary. I don't know if any of the readers of this Blog have a particular idea about the meaning of this new EU project.


Digital Majority has also netted a couple of new PDFs, from which it extracted text of interest to those who target the bad system through abolishment, not elimination of one patent or one lawsuit at a time.

Regarding Bilski:

According to the majority of the United States Court of Appeals for the Federal Circuit (CAFC) in Re Bilski, inventions directed to so-called `business methods' and software-implemented inventions may still be patentable but must now overcome an arguably greater obstacle before issuing to patent in the US. In setting out the `machine or transformation test' in its judgment of 31 October 2008, the CAFC, sitting en banc, appears to be moving towards a more European approach to patentability, and away from the broader tests of previous US decisions such as the well known State Street authority. Bilski could have significant implications for European businesses active in Europe as well as the US, at a time when the European Patent Office (EPO) and other national European patent offices are also reviewing this area. It remains to be seen whether the decision in Bilski will have an impact on these future deliberations.


Here is a submission to the EPO [PDF] (regarding the referral to the Enlarged Board of Appeal). We liked this part:

The sequence of execution of a program is the same regardless of whether the program runs on a physical machine, a virtual machine or in the minds of people.


Software patents must be stopped without exceptions. Microsoft will be there to encourage more of them, so Red Hat must join the fight against them. Deeds can be louder than words. Red Hat may be the second-largest open source company (or largest bar Sun, if Sun's posturing is anything to be believed) and since Sun is a lost cause (Novell likewise), we need Red Hat.

Silence is no good and neither are promises, either written or verbal. ⬆

"Fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria."

--Richard Stallman

Comments

Recent Techrights' Posts

Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
 
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026