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Red Hat Rejects Microsoft Patent Deal Overtures

Geekgal writes "Red Hat has slammed the door shut on any possibility of entering into a patent protection deal similar to the one Microsoft recently announced with Novell, eWeek is reporting. While Microsoft has repeatedly said it wants to work with Red Hat and would like to structure a relationship where its customers can be assured of the same thing as Novell's customers now are, Mark Webbink, Red Hat's deputy general counsel, says 'we do not believe there is a need for or basis for the type of relationship defined in the Microsoft-Novell announcement.' Interestingly enough, Microsoft also says that it has not ruled out going it alone and providing some sort of indemnification for its customers who also use Red Hat Linux." Meanwhile, Eben Moglen, the FSF general counsel, promises that GPLv3 will explicitly outlaw deals like this. (Of course everyone's on v2, so calling the Novell deal "DOA" would be premature.)

8 of 201 comments (clear)

  1. WHY!? by aussie_a · · Score: 5, Interesting
    Microsoft also says that it has not ruled out going it alone and providing some sort of indemnification for its customers who also use Red Hat Linux.

    WHY!? Why on Earth would Microsoft feel the need to offer indemnification to someone's customers in the first place? Why not just, y'know, not sue them without making some big announcement? How is it possible that we've entered a time when a software company saying "We've decided NOT to sue someone" will actually create positive PR?
    1. Re:WHY!? by betterunixthanunix · · Score: 5, Interesting

      Because Microsoft wants to turn Linux into a platform for its products -- a last ditch effort to try and marginalize FOSS. First, they sign a deal with a few prominent Linux vendors, claiming that they will indemnify only those particular distros. Then, having given all the big enterprise Linux users a reason to switch over to those distros, Microsoft starts publishing software for those distros specifically, keeping it all closed of course. Finally, after a few years, Linux has become a platform for proprietary products...and is no longer a threat to Microsoft. By ensuring that only major Linux vendors are in on it, Microsoft helps sideline other FOSS projects, killing the culture of openness and freedom and limiting choice. Notice that no overtures have been made for non-commercial distros or distros that are popular among home users: Microsoft is not threatened by them. It's about the server market, and about Microsoft's continuing inability to maintain more than a 30% market share.

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  2. You WILL become one ........with the Borg. by LibertineR · · Score: 3, Interesting
    As Novell becomes THE Linux for companies with a Linux-Windows infrastructure, Red Hat will look back on this day as when they lost warp field containment and got stuck in Redmond tractor beam in search of revenue.

    Bet me.

  3. Re:So Essentially ... by Richard+W.M.+Jones · · Score: 4, Interesting

    Yes, it's particularly brilliant how MS have done this FUD without even specifying any supposedly "infringed" patents. They've made sweeping statements about "owning" this that and the other (eg. "owning" ".Net") which it simply isn't possible to do, and everyone is repeating their FUD. Well done Microsoft.

    Rich.

  4. Three years by overshoot · · Score: 4, Interesting
    WHY!? Why on Earth would Microsoft feel the need to offer indemnification to someone's customers in the first place?
    Read the coverage of the Microvell deal -- the "promise not to sue" expires in three years.

    First, get them dependent on MS technologies such as Mono, then tell them time is up and they have to pay or get sued into oblivion.

    "Nice little enterprise IT setup you have here. Pity if a court slapped an injunction on it."

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  5. OK, microsoft is shilling GPLv3 now? by Medievalist · · Score: 4, Interesting
    Meanwhile, Eben Moglen, the FSF general counsel, promises that GPLv3 will explicitly outlaw deals like this.
    Up till now everybody's been saying "GPLv3 is too complex and restrictive for actual use, GPLv2 has proven its worth and we're going to stick with that".

    But I'm guessing GPLv3 just got a big boost in popularity. I wonder if the FSF is going to send Ballmer a thank-you note?
  6. Read it again, they are brazenly licensing Linux. by twitter · · Score: 3, Interesting
    The "indemnification" only extends to M$ customers. It's kind of stupid to promise not to sue your own customers, but the threat is really aimed at companies who are about to dump their shit all together. The idea being conveyed is that M$ might forgive your cheating heart if you keep paying them. As Bruce Perens pointed out, M$ is effectively selling Linux licenses. It might not look like a sale now, because they are offering thirty pieces of silver to a select few, but the deal is to recognize M$'s bogus patents. Once that recognition is granted, M$ will attempt to collect licensing fees from free software vendors.

    Red hat is right to reject such a deal. If M$ pulls it off, it will represent the largest theft of IP ever. In the last round of theft, the non free companies closed off software that was government funded. In this theft they lay claim to anything and everything of value anyone ever writes. Now that's evil.

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  7. Novell in a corner? by greylion3 · · Score: 3, Interesting

    Just a thought here; if the rest of the Linux world moves on to GPLv3, does that prevent Novell from updating SuSE?
    Has Novell effectively run itself into a corner with the MS-deal?

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