Bonum Certa Men Certa

Microsoft is Paying Red Hat Foe Acacia and Bruce Perens Criticises Red Hat Over Acacia NDA

Key



"Microsoft hardly needs an SCO source license. Its license payment to SCO is simply a good-looking way to pass along a bribe..."

--Bruce Perens



Summary: Red Hat pressured but not vilified for the fact that it signed some deal with patent troll Acacia, locked it in a box, and hid away the key, leaving some developers in a state of uncertainty

We have already done quite a lot to pressure Red Hat to unseal the Acacia settlement [1, 2, 3]. Other did the exact same thing. It was all in vain.

Bruce Perens is now increasing the pressure on Red Hat. He explains why software patents -- the main subject of Techrights since its beginning -- is the main problem software freedom faces (a point we made many times before).

One pro-patents guy (for professional reasons) agrees with our assessment at the time and refers to this new piece from Bruce Perens, who was raining on Novell's parade a few years ago (Perens is more of a Debian person).

In this specific example, Perens echos the concern that Red Hat’s actions may have strengthened Acacia, and placed developers building JBoss related applications in a worse position by “validating” Acacia’s patent. Of course, the real issue is that no one knows (other than Acacia and Red Hat). The consequent confusion and uncertainty is benefits no one. For example, its possible that Red Hat obtained a license that specifically authorizes developers to build applications without fearing legal claims from Acacia. Its also possible that the legal doctrine known as “exhaustion” bars any relief that Acacia might have against downstream developers.


For those who do not remember, Microsoft has been paying Acacia on a few occasions, most recently because ACCESS had some sort of an alliance with Acacia. In his blog, the ACCESS mobbyist everyone likes to hate is now admitting being a "patent troll" too. This ought to explain those personal attacks against Richard Stallman, no? Anyway, Stallman's colleague Bradley Kuhn comments on Perens' piece as well. He starts by stating:

Bruce Perens and I often disagree about lots of things. However, I urge everyone to read what Bruce wrote this weekend about software patents. I'm very glad he's looking deep into recent events surrounding this issue; I haven't had the time to do so myself because I've been so busy with the launch of my full-time work at Conservancy this fall.

Despite my current focus on getting Conservancy ramped up with staff, so it can do more of its work, I nevertheless still remain frightfully concerned about the impact of software patents on the future of software freedom, and I support any activities that seek to make sure that software patent threats do not stand in the way of software freedom. Bruce and I have always agreed about this issue: software patents should end, and while individuals with limited means can't easily make that happen themselves, we must all work to raise awareness and public opinion against all patenting of software.

Specifically, I'm really glad that Bruce has mentioned the issue of lobbying against software patents.


It's probably just better to read Perens' piece, including the comments (there is a discussion in Slashdot too, not to mentioned LWN). To quote some parts of the analysis:

When patent troll Acacia sued Red Hat in 2007, it ended with a bang: Acacia’s patents were invalidated by the court, and all software developers, open-source or not, had one less legal risk to cope with. So, why is the outcome of Red Hat’s next tangle with Acacia being kept secret, and how is a Texas court helping to keep it that way? Could the outcome have placed Red Hat in violation of the open-source licenses on its own product?

The suit in question — Software Tree LLC v. Red Hat, Inc. – claimed that JBoss, the well-known Java web software, infringed upon U.S. Patent No. 6163776 (PDF), which essentially claims invention of the object-relational database paradigm. In that paradigm, an object in an object-oriented software language represents a database record, and the attributes of the object represent fields in the database, making it possible for programmers to access a database without writing any SQL. It’s a common element in most web programming environments today.

The patent was originally filed by Software Tree Inc., a database software vendor. Acacia acquired Software Tree’s patent portfolio (with terms undisclosed) and formed the Acacia subsidiary Software Tree LLC, which pursues lawsuits against other companies and does not produce any products. Most of the press was misled by the similar names of the two companies and provided links to Software Tree Inc. in their reporting.

Soon after the judge produced a finding on claim language, a first step in such cases, Acacia filed a press release announcing that the parties had settled, while Red Hat gave a terse acknowledgment. But a month later, there has been no announcement of the terms of the settlement by either party. Open-source developers are especially concerned, because the license on the JBoss software, the Lesser General Public License (LGPL), contains language that prohibits one party from licensing a patent unless that license is available to all developers of the software.

[...]

Richard Stallman has said, “There’s no way to cure malaria by swatting mosquitoes — you have to drain the swamp.” Meaning that the solution is to fundamentally change the law so that free software and open source are protected from software patenting. But even Stallman’s legal counsel, Eben Moglen, acknowledges this is a lofty goal: “We can’t drain the swamp in the near future. So we need effective public hygiene that isn’t based on draining the swamp. What it will take is careful, constant, expensive, and difficult attempts to make the patent system part of the coexistence between freedom and business instead of a constant irritant and threat.”

For leaders like Moglen to discourage direct lobbying against software patenting probably won’t help to drain the swamp, either. The open-source community must start to take the problem of software patenting seriously, and must hold its commercial partners responsible to invest more of the profits made from open source into protection of the right to produce it.


It was not just Techrights advising Red Hat never to sign NDAs again (as it harms trust within the community and in turn hurts Red Hat). But in any case, Red Hat should find a way out of its NDA and just tell us what it has been trying to hide because as it stands, Red Hat provides ammunition to Microsoft and its mobbyists. They won't leave it alone.

Recent Techrights' Posts

In Norway, Android/Linux Has Just Hit All-Time High (First Time Since 2020), GNU/Linux Already Very Prevalent
Despite its small population size, Norway gave us Qt and many other things
Microsoft's Mass Layoffs Very Wide-Ranging, Media Focused on Gaming Though Microsoft Mass-Firing Lawyers and "AI" Staff (Contradicting Its Supposed "Investment" in "AI")
Microsoft plans to fire almost half a thousand people in legal roles
2012 Article About the Free Software Foundation Blasting Canonical/Ubuntu Over Adoption of "Secure" Boot (Microsoft's Remote Control Over GNU/Linux Since PCs' Power-on)
By Katherine Noyes (article has since then became 404, not found)
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
 
Gemini Links 19/07/2025: Git For Authors and Filtered Antenna
Links for the day
UEFI 'Secure' Boot Abuses by Microsoft to be Brought Up in the UK High Court in 3 Months
we'll seek compensation
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Next Year It'll Be Half a Decade Since the Fall of Freenode (and IRC is Still Doing OK)
Our IRC network is still accessible using the exact same software that ran in Windows 3.x
Lupa Will Soon Know of 3,100+ Active Gemini Capsules
And some people in the "Small Web" try to tell us that Gemini is dying?
The Slopfarms Are Taking Real News Articles and Replacing Them With Lies Generated by Machines
Bluntly speaking, Fagioli is nothing short of an online scammer
Links 19/07/2025: Techtarget to Cull 10% of Staff, New Threats to Free Press in the US (Home of Dangerous and Violent Stranglers From Microsoft)
Links for the day
Gemini Links 19/07/2025: "Climate Justice” and Forking Programs
Links for the day
What Wayland and Microsoft/IBM systemd Have in Common
focus on what IBM (Red Hat) is pushing while running over critics.
Linux Already Has About 60% of the "Market"
"When mentioning the client side," opines an associate, "it is essential to recite the list of other markets where Microsoft is negligible or a no-show. It is repetitive to do so, but it needs saying -- often."
Finland (and NATO) Must Move to GNU/Linux and Dump Microsoft Even Faster
"Microsoft is not a technology problem, it is a staffing problem."
The Microsofters We Sued Helped Microsoft Make GNU/Linux 'Expire' This Year
"Linux and Secure Boot certificate expiration"
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025
Gemini Links 17/07/2025: "Goodreads for Gemini" and Defence of "The Small Web"
Links for the day
Links 17/07/2025: Anger and Morale Issues at Microsoft, Wars and Conflicts Get Digital
Links for the day
CALEA / CALEA2 is the Real Problem, Not Chinese Operatives Exploiting CALEA / CALEA2 (as Any Other Nation Can)
CALEA / CALEA2 is more of a front door than a back door
99.99% Uptime in First Half of 2025
Since January there was only one noticeable outage
Nils Torvalds and Anna "Mikke" Torvalds (née Törnqvis) Hopefully Use GNU/Linux by Now
"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025