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.)

Comments

WHY!?

[aussie_a]

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?

Re:WHY!?

[betterunixthanunix]

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.

Re:WHY!?

[molnarcs]

WHY!? Why on Earth would Microsoft feel the need to offer indemnification to someone's customers in the first place?

Wrong question - because it is not what they are doing, actually. Let me translate Microsoft's offer: there are patent problems with linux. That's what Microsoft's offer means, no more, no less. A subtle, distressing and unfair FUD machine. Your question is understandable, because they offer doesn't make sense at all, unless you examine not what it says, but the message it conveys. That message is clear: linux might be encumbered with patents belonging to MS.

It is such a pity that Novell has become a partner to this for perceived short term gains. No wonder that the free software community is up in arms (ranging from groklaw through Perens to the Samba team) - MS simply tries to single out commercial linux companies to support its own FUD propaganda. They offer these distributions a new tool to compete with: patents. So far, commercial linux distributions competed on two fronts: technical excellence and quality of support and services. Even Oracle. Novell, by accepting Microsoft's offer, introduced a new tool: patents. This is against the spirit - if not the letter - of the GPL, which tries to enforce a level playing field, and was successful until the Novell-MS deal it was successful. (That's the main gripe of the Samba team with Novell. Microsoft is fishing for others now.

Re:WHY!?

[ookaze]

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

Where is the problem exactly ?
Especially since you can install these binaries in any Linux distros, just by creating a custom package. Just like some distros did for firefox binaries.
This doesn't make the OS closed at all.

Finally, after a few years, Linux has become a platform for proprietary products...and is no longer a threat to Microsoft

Why is it not a threat anymore ? It runs lots of proprietary products and all the FOSS products, and yet, you magically believe that it would no longer be a threat ?
It would be a far greater threat on the contrary : that's exactly what some company deny us now, and what people are asking for.

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

Which is BS. I fail to see how what you say ensure anything.
Oracle was available on RH only, it didn't sideline any FOSS database project at all, Oracle even had to buy some afterwards !!
It didn't kill culture of openness and freedom either. That's complete wishful thinking on your part, that goes contrary to factual evidence.

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

But MS has no valuable patent on the server side where it matters for Linux OS. So what you're saying seems like nonsense to me.

Stand Tall and Wave Your Red Fedora!

[Rhett's Dad]

Good for them! I admit I've been one of the complacent ones over the last several years, feeling like Red Hat was the Linux business big dog, and that I was a hipper hacker for spreading my use/support around to other distros. No more...

The big company I left this year was one of those whose IT bureacracy monsters that would not sanction open source, so informed and competent programmers had to use it in the dark. My new company is a Red Hat user, and I'm more proud of that today than I was yesterday. Shame on me for yesterday...

I'd like to teach the world to sing "Red Hat Is The Way"...

Re:Good for them

[diersing]

And by business, we mean free downloading.