Bonum Certa Men Certa

Red Hat is Chastised For Playing Along With Microsoft's Patent Scheme Rather Than Challenge the Patents Like Google and the Alice Case Did

China has already made publicly known which patents Microsoft uses against Linux/Android

Nixon visit to China
Context: 1972 Nixon visit to China [1, 2]



Summary: Criticism of Red Hat's approach to dealing with Microsoft spreads to more sites, especially those that understand the impact of patents in this area

WE REALLY wanted to avoid further commentary on the Microsoft-Red Hat deal, but another shallow article has just come out, this time from Linux Insider (not necessarily a Linux-friendly site). The authur says nothing about patents, which is often what’s missing from all the puff pieces about this subject.



"Well, Richard Nixon was at least opening up to trade. In the case of Red Hat, it opens up other companies to potential patent lawsuits from Microsoft."Over at FOSS Force, a pro-FOSS site, Larry Cafiero wrote: "Red Hat and Microsoft on Wednesday announced a partnership that will allow businesses to deploy Red Hat’s open source software on the Microsoft Azure cloud. From news reports, the deal makes Red Hat the “preferred choice” on Microsoft Azure, Redmond’s infrastructure-as-a-service platform. Make what you will of this. Me? If you know my distaste for what’s nebulously called “the cloud,” I’m just walking away from it, though the one comment I read in one story comparing this to Nixon going to China is probably the best comparison."

Well, Richard Nixon was at least opening up to trade. In the case of Red Hat, it opens up other companies to potential patent lawsuits from Microsoft. We have already explained this in 5 articles, namely:



Florian Müller, who had worked as a patents spinner for Microsoft (for a while), was very hard on Red Hat. He wrote that "Red Hat hopes to leverage patents to cement its Linux market leadership [with the] Microsoft deal" and makes a claim similar to claims we have been making here for over half a decade. "I've been saying for years," he wrote, "that Red Hat is utterly hypocritical when it comes to patents. It has a history of feeding patent trolls and fooling the open source community. There is, to put it mildly, no assurance that all of its related dealings actually comply with the GPL."

This is exactly our concern and unless there is transparency from the "Open Organisation", we don't know for sure. The patent "standstill" does not extend to companies other than Red Hat, so where does that leave even CentOS users (Techrights uses CentOS)? "Red Hat now wants to tell Linux users," Müller explains, "that the way to be protected with respect to patents is to use Red Hat Linux. "Reduce your exposure, buy from us." That is a way of seeking to benefit from software patents."

That's similar to what Novell did, but secrecy makes it harder to know what really goes on here.

“If you know my distaste for what’s nebulously called “the cloud,” I’m just walking away from it, though the one comment I read in one story comparing this to Nixon going to China is probably the best comparison.”
      --Larry Cafiero
"I want to give Simon Phipps credit," Müller wrote, "for distinguishing between the positive and not so positive ramifications of this partnership from an open source point of view. The Open Source Initiative is an organization on whose board Simon Phipps serves with, among others, a Red Hat lawyer.

"Without the Red Hat connection, Simon Phipps would presumably have criticized Red Hat clearly as opposed to just making it sound like Microsoft should do more. He says Microsoft should relinquish its patent rights because that's how he defines "love" for Linux. However, he doesn't talk about what Red Hat could have done. Red Hat could have challenged any Microsoft patents that allegedly infringe Linux: in court (declaratory judgment actions) and through reexamination requests. That course of action would have done free and open source software a greater service than a deal."

In Twitter, Müller goes on and chastises the FSF, SFLC etc. for not criticising Red Hat (because of financial ties). This very much reminds us of the reluctance to criticise systemd, which is mostly Red Hat's own creation. Red Hat's clout in the community almost makes it immune to criticism.

"Google-Moto defended Linux against MSFT's patent infringement allegations in court and won," Müller wrote in Twitter, whereas "Red Hat decided to benefit from them."

He said that "GPL enforcers like Harald Welte should sue Red Hat for alleged breach of the GPLv2 patent clause, arguing a covenant not to sue is a license" (we don't know if there is such a covenant because the "Open Organisation" is still quite secretive about it).

"Android," he says, "not Red Hat, is the #1 Linux distribution. Google, not Red Hat, is the #1 defender of Linux against Microsoft's patents."

As we said at the very start (hours after the Microsoft-Red Hat deal had been announced), Red Hat's actions are defeatist and dangerous. They come at a time when, at least in the US, software patents rapidly lose their teeth anyway.

“"It's one thing to be a Linux parasite. It's another to be a Trojan horse. And the worst option is to be both at the same time.”
      --Florian Müller
According to Patent Buddy, citing the Bilski Blog, "Sue L Robinson, the Patent Killer Judge, Has Not Held a Single Patent Valid under 101/Alice" and even at the capital of patent trolls, "E. Dist. Of TX has Alice / 101 Invalidity Rate of 34.8%" (that's pretty high for such a corrupt district).

To quote the Bilski Blog: "There have been 34 district court decisions in the past two months, but the percentage of invalidity decision is holding constant at 70.5%. The number of patent claims invalidated is now over 11,000, but also holding steady at around 71%.

"There have been no new Federal Circuit Section 101 decisions, but we're going to see a flurry of activity in the next couple of months, as the court has recently heard oral argument in a number of patent eligibility cases, and more are on calendar for November.

"Motions on the pleadings have soared, with 23 in the past two months alone, and the success rate is up a tick from 70.1% to 71.4%.

"PTAB is a bit mixed: the CBM institution rate is down from 86.2% 83.7%, but the final decision rate is still 100%, with 6 decisions in the past two months invalidating the patents in suit."

Red Hat could make use of what Bilski Blog called #AliceStorm (referring to the avalanche of software patents) to basically invalidate a lot of Microsoft's software patents. Instead, Red Hat reached a patent agreement with Microsoft.

Müller's analysis ends with strong words that we don't agree with but are worth quoting nonetheless: "It's one thing to be a Linux parasite. It's another to be a Trojan horse. And the worst option is to be both at the same time."

Recent Techrights' Posts

Misinformation is Not Intelligence
It's low-grade plagiarism and it fails to show any signs of intelligence
'Tech' Gimmicks Are for Advertising, Not for Usability
In the case of Microsoft, they latched onto slop
BetaNews Sacked Brian Fagioli and Deleted His Comments, But He Still Tries to Use the "BetaNews" Brand for Self-Affirmation
Fagioli takes the work of other people
[Meme] Hard to Be a Better Person?
Sooner or later they'll realise that for each pound I spend they need to spend about 1,000 times more
New US Editor for The Register is a Microsoft Booster
"Avram Piltch has served as US editor for The Register since July 2025."
Reda Demanded That FSF Removes Its Founder, Now Reda Works Directly for Microsoft
A sellout and a traitor, first working for GAFAM, now Microsoft
PCLinuxOS is Raising Money to Support Development After Fire Incident at the Host
PCLinuxOS has not had announcements lately
Over 3 Months Later Brett Wilson LLP Still Unable to Recruit a Media Lawyer?
"Immediate start", but not found... still unfilled
 
Links 24/07/2025: Convicted Felon Quits UNESCO, "Vibe Coding Goes Wrong", and Signalgate Gets Worse
Links for the day
Gemini Links 24/07/2025: Forgejo Woes and Smolnet Directory Week
Links for the day
Links 24/07/2025: Storage Tapes Still Kicking, Windows TCO 'on Steroids' (Microsoft-Induced Catastrophes)
Links for the day
Bobby Borisov (LinuxIac) Has Apparently Begun Experimenting With LLM Slop, So We Cannot Trust LinuxIac Anymore
So did LinuxIac become a slopfarm? Maybe not yet, but it's getting there
Informa TechTarget's ITProToday is Becoming a Slopfarm Generated by Microsoft Chatbots
Busted.
The LLM Con Artists Are Highly Destructive
Who will ever be held accountable for this scam?
Too Bribed by Microsoft to Move to Free Software?
Microsoft lies and Microsoft bribery (in politics)
Microsoft Hiring European Politicians is Another Form of Bribery; There Should be a European Investigation
When Microsoft bribed people in Europe for OOXML (there's no denying this!) a European government delegate said that Microsoft operated like a cult
Speed of the Site Should be Better Now
The "bot attacks" impact the speed of the sister site too
Getting More From AnalogNowhere
Recently we used many images from AnalogNowhere
Microsoft, Microsofters and 'Secure' Boot Shills Already Storming the LWN Report About Expiring Certificate, Shooting the Messenger
LWN has clearly stuck a nerve
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 23, 2025
IRC logs for Wednesday, July 23, 2025
Disable "Secure" Boot Today (the Only Better Time to Do So Was Yesterday)
Don't trust anything Red Hat tells you about security
Links 23/07/2025: Windows Killed Company After 150+ Years, US Government Mimics Russia's Attacks on the Media
Links for the day
Freedom Generally Wins at the End, History Shows (But It's Constantly Attacked, Too)
At the moment people realise "Linux" (e.g. Android) isn't enough to guarantee any freedoms
“Inhumane” and “Disgusting” Mass Layoff Execution, According to Microsoft Staff
The workers are looking for other places to work
The Free Software Foundation (FSF) Has a New Slogan for Its 40th Anniversary
The freedoms are what's most important
Microsoft is Trying to "Pull a Nokia" on GNU/Linux as Desktop/Laptop Platform
We all remember that rather well, don't we?
LLM Slopfarms gbhackers.com, "Cyber Press" and CyberSecurityNews Are Drowning Google News (and Shame on Google for Feeding and Facilitating Them)
All are run by the same people
Links 23/07/2025: Droplets GUI Patent Monopoly Challenge, Nokia Leverages Illegal Patent Court Against Rivals
Links for the day
Gemini Links 23/07/2025: Community in Geminispace and Challenges With Old Computers
Links for the day
Links 23/07/2025: Slop Patents Tackled, Slop Copyright Misuses Tackled by Politicians
Links for the day
Our Three Lawsuits Against Microsofters Are About to Become a Lot More Relevant to GNU/Linux
The Master will easily understand why Garrett has been attacking me since 2012
Links 23/07/2025: Retreating From Transparency on Jeffrey Epstein, We No Longer Have Press Freedom
Links for the day
Gemini Links 23/07/2025: Piano and Food
Links for the day
New and Old
On Ageism in Tech
Slop Is Not Intelligence and It Does Not Enhance Productivity
Like voice dictation, which cannot tell the difference between "sheet" and "shit"
EPO Crimes Are Spreading to the British Court System
Society is now paying the price for failing to tackle crimes at the EPO
It's Time to Dump SharePoint and Here's What to Use Instead
Nextcloud, ownCloud, Bookstack, MediaWiki, and MediaGoblin
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 22, 2025
IRC logs for Tuesday, July 22, 2025
Brett Wilson LLP Has Gone Silent
Sometimes silence says more than nothing at all
Slopwatch: LinuxSecurity, Planet Ubuntu, and LinuxTechLab
some slopfarms show no remorse and they don't value their reputation at all
Links 23/07/2025: Book Bans, Storms, and Kangaroo Court for Patents Commits More Unlawful Acts of Overreach
Links for the day
Gemini Links 22/07/2025: Thinkpad and Pinephone
Links for the day
Links 22/07/2025: "Blog Restart" and Microsoft Clobbered by “ToolShell"
Links for the day
Global Warming and Global GAFAM Energy-Wasting
Burn more money (borrowed, loans), then hope the waste will somehow translate into profit?
No Compliance With the European Patent Convention (EPC) at the European Patent Office (EPO)
It's about preventing competition against this autocracy
Blue-Collar Trolls vs White-Collar Trolls
Examples of white-collar trolls
Apple Vision Pro Failed So Badly That Its Sales Are About 2,000 Times Smaller Than iPhone Sales
What's left for Apple to offer other than hype?
To Millions of People "Year of the Linux Desktop" Was Some Time in the 1990s (Bootable GNU/Linux as a Complete Operating System is Over 33 in Age)
In some sense, "year of the Linux desktop" was 33 years ago
Make No Assumptions (or Demands) About the Screen Resolution Used by Other People
There are usability aspects, aside from accessibility aspects
Why Wayland (and XWayland) Won't Solve the Key Problem It Proclaims to be Tackling (the Same Is True for Rust)
The problem isn't Wayland per se but the false promises and efforts to force everybody to move to it whilst insulting or demonising everyone who won't play along
They Don't Tell Us that 'Digitalisation' (Now Sold as "Hey Hi") Just Means Customers Become Unpaid Staff and Are Made Accountable
People are being conditioned to associate technology with something undesirable, at times even unbearable
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day