Bonum Certa Men Certa

Red Hat: Microsoft Marketed Its Patents for Trolls to Attack Free Software

Breaking in



Summary: Red Hat reveals details about Microsoft's marketing of anti-FOSS patents; other patent news summarised

RED Hat has already asked Microsoft to stop the patent racketeering, but Microsoft carries on with the usual FUD-based aggression while smiling and sending out PR drones like Sam Ramji [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12] and Robert Duffner. "Smiling" as in, "We need to smile at Novell while we pull the trigger," to quote Microsoft's Platform Group Vice President, Jim Allchin.



“...Microsoft may be passing some patents for them to attack Linux without it appearing too suspicious and without Microsoft seeming like an involved party.”Microsoft has some big patent trolls at its disposal and as we argued yesterday, Microsoft may be passing some patents for them to attack Linux without it appearing too suspicious and without Microsoft seeming like an involved party. It was the same with SCO. Larry Goldfarb, a key investor in SCO, said that "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." He also said (under oath even) that Microsoft's "Mr. Emerson and I discussed a variety of investment structures wherein Microsoft would 'backstop,' or guarantee in some way, BayStar's investment.... Microsoft assured me that it would in some way guarantee BayStar's investment in SCO."

Red Hat has just published some interesting details that are packed together right here:

Red Hat accuses Microsoft of patent FUD



[...]

Red Hat blogged that the patents acquired by OIN were being marketed by Microsoft to patent trolls.
"It also used marketing materials that highlighted offensive uses of the patents against open source software, including a number of the most popular open source packages," Red Hat blogged. "This looked to us like a classic FUD effort. To unleash FUD, you assemble a lot of patents of uncertain value, annotate them with a roadmap for the companies and products to be targeted with the patents, put the lot in the hands of trolls schooled in patent aggression, and then stand back and wait for the FUD to spread with its chilling effect."


Darryl Taft, who is sometimes sympathetic towards Microsoft, wrote about OIN's reaction. In general, there is so much interest in this from the Microsoft crowd. For example, here is Microsoft's de facto PR person (Fried) trying to set the tone and Mary Jo Foley doing likewise. Her colleague, the pro-Microsoft Gavin Clarke, opens up with the deceiving line which says: "Microsoft has placed a clutch of Silicon Graphics patents in the hands of those trying to defend Linux and open-source against trolls."

It sure makes it sound like Microsoft does something nice, doesn't it?

In the mailing lists that oppose software patents (and support their abolition), one person opined that "it just means that the patents are not worth much more than this PR stunt is for OIN..."

As a reminder from the news:

The Open Invention Network includes IBM, Cisco and HP. The group's web site states that its mission is to work for a "positive, fertile ecosystem for Linux, which in turn drives innovation and choice in the global marketplace".


Another person, whom we shall quote anonymously, argues:

Companies like IBM, RedHat, Canonical, etc. are acquiring as many patents as they can, either directly or with initiatives like OIN. From e.g. Nokia we know that what is at the beginning a defensive strategy can become an aggressive one at any time.

Maybe sooner than later the OIN members start asking 'politely' to provide free software throw them, but not independently. That would be the beginning of the end of the free software movement, and maybe what MS is looking for.

What will be better against FLOSS than to convince to as many FLOSS-players as possible that software patents are very profitable?

Will governments use Debian instead of RedHat if software patents are an issue?


Here is the original report in full and some more coverage of interest:

Microsoft Corp ( MSFT - news - people ) has suggested in recent years that companies using the Linux computer-operating system might be violating Microsoft patents. Now, in an effort to avert any legal threat that might discourage the adoption of Linux, a group of Microsoft rivals is about to acquire a set of patents formerly owned by the software giant.


More here:

# Pro-Linux group closes in on MSFT patents. The Open Invention Network, a group which supports open-source software and includes such giants as IBM (IBM) and Sony (SNE), is nearing an agreement to acquire 22 of Microsoft's (MSFT) patents in an effort to avoid any legal threats that could discourage the adoption of Linux. Microsoft has suggested in the past that the Linux operating system may violate some of its patents. The patents are currently held by Allied Security Trust, which bought the patents from Microsoft earlier this year.


Other coverage did not add much to what was already known and the secrecy surrounding the OIN helps not at all.

Why did open source group buy Microsoft patents?



[...]

As well, since Microsoft licenses some of its patents to Novell (under their patent covenant agreement), those are the patents that I see as being key. It is unlikely that Microsoft has sold any of those core patents as it would invalidate the need for part of the Novell deal.

OIN, whose members include IBM, Red Hat and other key Linux vendors is all about making royalty-free patents available to open source developers.

Whenever the OIN decides to open up and actually be OPEN and talk to more media than just the WSJ, I'm sure the full story will come out (and I'll update appropriately). Either way, this is a win for open source as it removes the risk from 22 patents to developers and users.


The risk will be properly removed (and perhaps permanently mitigated) when mathematics cannot be owned by people and companies. OIN is still legitimising software patents by taking this approach which it always takes. Maybe it's better than nothing, but the companies behind OIN have sufficient influence to challenge the very legality of such patents; unlike the FFII, they typically choose not to do this.

The truth is that some of these companies exploit software patents and use them to their own advantage because they can afford it. As the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] neatly shows, big companies like Microsoft can also ignore software patents whenever it suits them. They are in control of this self-serving system. Here is the latest from i4i: "Plaintiff in Word case says that Microsoft destroyed its business"

It adds later that i4i now operates "almost entirely in the specialized niche market of the pharmaceutical industry," but notes that some of those companies have been unwilling to purchase its product because they can get the functionality within the Microsoft word-processing program.


Oracle's CEO Larry Ellison has already said that Microsoft's business strategy is to "copy the product that others innovate, put them into Windows so they can't be unplugged, and then give it away for free."

In other patent news, Glyn Moody emphasises that "intellectual monopolies [are] not [the] same as innovation," linking to this article from EurActiv. At EurActiv, they often cite the wrong people when it comes to SMBs; for instance, Jonathan Zuck (Association for Competitive Technology) fakes being a speaker for their (SMBs') interests; he is a Microsoft lobbyist.

Intel is another company that's known for its aggression with patents, but even Intel's Andy Grove can be seen once again criticising the patent system/practices. Mike Masnick points it out as follows:

Earlier this year, we wrote about a rather thoughtful analysis of the problems of the patent system by Intel founder and former CEO Andy Grove. His view was that patents separate the important part (the actual innovation) from the "asset" (the patent), and that allows for bad behavior. He compared it to mortgage-backed securities, where the underlying mortgages were completely separated from the "asset," and bad behavior ensued.


Here is another story of a company that arguably revolves around a software patent.

Aviv Refuah, the young CEO of the public Israeli company Netex Corporation, has managed to score a US patent on an internet search option developed by the company he founded that could well force major Internet search players like Google, Microsoft and Yahoo to cough up royalties for future use of the technology.

Refuah, who started the company 12 years ago when he was barely 17 years old, is careful not to overestimate the awarding of the patent and the possible outcome for now, but that didn’t stop the company’s stock from soaring yesterday.


Is licensing -- as opposed to production and servicing -- really valuable output? How about the novelty? What are the economic impacts and the effect on science and technology? These questions are rarely being asked.

Comments

Recent Techrights' Posts

EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025