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Red Hat CEO Talked Patents with MS

c3ph45 writes "Before the Novel-Microsoft deal, Red Hat was in talks with Microsoft over patents. Thankfully, the deal fell apart before Novel made their infamous partnership with Microsoft. As has been reported before, Red Hat doesn't plan to enter into any patent agreements with Microsoft, but it leaves open the question: What if both Red Hat and Novell had entered into such deals? One large vendor doing so has caused enough disruption. How would the community have coped with two of the largest vendors doing so?"

28 of 126 comments (clear)

  1. Mass hysteria by LiquidCoooled · · Score: 5, Insightful

    We would have coped the same as always, we would rant and rave and generally work ourselves into a tizz, then get back onto our normal day jobs.

    --
    liqbase :: faster than paper
    1. Re:Mass hysteria by Aladrin · · Score: 5, Interesting

      Hah, I was going to post 'The same way: Ridicule and disgust.'

      I think we are very quickly approaching the point where something has to break. Either the government steps up and admits that it doesn't give a shit, or people in general start to notice what is going on and there are major problems.

      (I know patents and copyrights are not the same thing, but they are symptoms of the same problem. Bear with me here.)

      The RIAA has started suing everyone and their grandmother (literally) and the general populace is starting to realize how unfair it is, and that the tactics the RIAA is using are -allowed- by the government.

      Patents are starting to prevent cool devices from existing, and threatening the ones we already have. (Blackberry.) There have been quite a few reports lately about 'x device will have to be disconnected because someone else hass a patent' etc. Discomfort enough people with money, and something is going to happen.

      Copyright is even starting to overstep its bounds and artists everywhere are finding themselves restricted instead of encouraged. Yes, they are still encouraged to innovate, but let's face it: Most art improves on other art, rather than being wholly original. Patents are starting to restrict them as well. Imagine if someone patented cel-shading or any other style. With our current system, that could be done.

      Things keep getting worse instead of better, and someone -will- step up and do something about it soon.

      "God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions, it is lethargy, the forerunner of death to the public liberty. ... What country before ever existed a century and half without a rebellion? And what country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure." -- Thomas Jefferson, emphasis mine.

      http://en.wikiquote.org/wiki/Thomas_Jefferson

      We've been a lot longer than 20 years without 'such a rebellion'.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    2. Re:Mass hysteria by simm1701 · · Score: 5, Insightful

      The problem with films like fight club is that people watch them, people agree with them, people think "wow, that's so true, I really should be more like that and challenge the system"

      Then they go back to their lives, following the rules, working a job they hate to earn money they don't want to buy stuff they don't need.

      Call me cynical but I can't see that changing any time soon.

      --
      $_="Slashdotter";$syn="OTT";s;..;;;sub _{print shift||$_};s!ash!Perl !;s=$syn=ack=i;tr+LLEd+BLAH+;_"Just Another ";_
    3. Re:Mass hysteria by WilliamSChips · · Score: 4, Insightful

      The problem with the NRA is that they say they need guns to fight off tyranny but essentially define tyranny as not having guns.

      --
      Please, for the good of Humanity, vote Obama.
  2. Slow news day? by StringBlade · · Score: 2, Insightful
    Slashdot has now become the place to post hypothetical questions just for discussion on the main page?

    "I'm a little verklempt. Talk amongst yourselves....I'll give you a topic: What if RedHat and Novell had both made MS deals? Discuss."
    --
    ...and that's the way the cookie crumbles.
    1. Re:Slow news day? by eclectro · · Score: 4, Funny

      Slashdot has now become the place to post hypothetical questions just for discussion on the main page? It's Microsoft's fault, not slashdot's. They're the ones with the hypothetical patents.
      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
  3. distros contributions by raffe · · Score: 2, Interesting

    I don't know the exact text of the agreement but I am bit worried about the contributions from the distros that have signed the deal.
    The code that for example novell puts in the kernel is covered by the GPL 2, but how will that work out with the patent deal they made? Will a switch (if)to GPL 3 of the kernel change this? GPL 3 speaks more of patents than GPL 2.

  4. so wtf? (FTFA) by bl8n8r · · Score: 4, Interesting

    In an interview with Reuters, Szulik declined to say whether
    his company is now in negotiations with Microsoft over signing
    such a patent agreement.

    "I can't answer the question," he said.

    --
    boycott slashdot February 10th - 17th check out: altSlashdot.org
    1. Re:so wtf? (FTFA) by Tet · · Score: 3, Insightful
      Redhat have explicitly stated that they won't go down the whole cross patent deal path, so what's there to deny?

      Red Hat's management would be negligent if they didn't discuss potential patent infringments with the competition. That doesn't mean they're talking about a Novell-style deal, though. I suspect MS appreoached them and said "we think you're infinging our patents, what are you going to do about it". RH probably replied with "...and you're infringing these patents held by OIN". That leads to a discussion between the two parties. Discussion != agreement. Why he can't just come out and say that, I don't know.

      --
      "The invisible and the non-existent look very much alike." -- Delos B. McKown
    2. Re:so wtf? (FTFA) by dpilot · · Score: 3, Insightful

      Perhaps because every comment made in public may come back to haunt you someday in court. The prudent manager or attorney is very circumspect about public statements. I suspect that in the end game, SCO will learn just a little bit about this area of conduct.

      --
      The living have better things to do than to continue hating the dead.
    3. Re:so wtf? (FTFA) by kripkenstein · · Score: 4, Interesting
      Not only did Red Hat's Szulik say "I can't answer that question" about whether he was in negotiations with Microsoft, but Microsoft "couldn't be reached for a comment" according to TFA. So, it is a safe bet there are discussions.

      But that shouldn't be surprising. Red Hat said, after all, that

      "We continue to believe that open source and the innovation it represents should not be subject to an unsubstantiated tax that lacks transparency."
      - they never said "no deals with Microsoft about patents." And rightly so - the problem with the Novell-Microsoft deal is exactly that it is a vague 'innovation tax', mentions no actual patents, and is therefore completely nontransparent. Other deals regarding patents could be different.

      A patent deal in which, say, Red Hat license specific WMA-related patents in order to ship WMA-playing software legally is 'reasonable' - at least assuming that that particular software is not GPL (or, if it is, if the patent license applies to all users of the software, not just Red Hat customers). I say 'reasonable' using scare quotes because this is reasonable only under the current highly-problematic US patent system. But, given that system, if Red Hat want to ship certain products, they must reach agreements concerning their patent holders. A sad fact of life.

      (Note: I have no idea if WMA is patented, or not. This is just an example for illustration purposes.)
    4. Re:so wtf? (FTFA) by masinick · · Score: 2, Insightful

      I would say that Red Hat and other companies are probably in talks with Microsoft all the time. If they are not, they probably should be. Both companies have customers that use both sets of products, so it is in everyone's interest to communicate and to improve interoperability between distinct, independent products.

      I do not see Red Hat caving in and signing any kind of patent agreement, but I could easily see Red Hat working with Microsoft if the work was in their mutual interest and in the interest of customers.

      Red Hat is probably very reluctant to make those kind of deals because we have seen the kind of press Microsoft has given so far - stuff like "We will not sue this partner", yet in another breath that same day, "We think that Linux infringes on..." ad nauseum.

      I do not think anyone's software should rightly infringe on anything else, because ninety percent of functions are common functions that should not be possible to patent, protect, or license, but there could be open collaborations to share the cost and benefits of implementing new features and improving the interoperability of existing features.

      What we have today is a bunch of baloney. I hope all of it comes to an end soon and we usher in a new generation of collaborative software. Before that happens, there is likely to be quite a bit more nonsense, but perhaps we will get there sooner rather than later after all.

      --
      Brian Masinick, masinick at yahoo dot com Linux
  5. Good thing by CarpetShark · · Score: 3, Interesting

    More people would get the distinction between cooperative communities and commercial companies, and move to Debian.

  6. Re:Talking Patents !='evil' by iAlta · · Score: 2, Funny

    Yes it is. Software patents are EVIL! I almost had a heart-attack just reading the headline!

  7. Re:All this proves is that by Dr.+Smoove · · Score: 3, Insightful

    Guys Szulik basically gave no comment which has been interpreted as an affirmation. If he did 'talk' patents, he probably talked about how Microsoft's vaporpatents don't scare him. RH isn't going to make a deal like Novell did, period. You're way overreacting.

    --
    "If you plant ice, you're gonna harvest wind."
  8. Can't Cope, Clown'll Eat Me by CheeseburgerBrown · · Score: 4, Funny

    "How would the community have coped with two of the largest vendors doing so?"

    This isn't a particularly well-angled question, in my opinion. The answers are too obvious. The community would cope by...

    * Printing up obscure if arguably quasi-witty T-shirts with phrases on them like "PATENTS == MURDER" or "LESSIG SIGNED MY TITS" or "THE BORG HAVE THE RED BOX!"

    * Posting foaming diatribes to hot-spots of cultural influence like the ass-end of a deeply nested thread on Slashdot or, worse, on a crappy, template-raped personal weblog and then spammed via Digg.

    * Ruining a potentially good date by trying to lecture the poor girl about the GPL.

    * Catharsis through extra masturbation.

    * News: Red Hat and Microsoft strike a deal. Not-news: Some geek writes a snarky headline about it on Fark. Take THAT, Redmond!

    * Lego re-enactments of famous scenes from movies re-written to reflect the patent deal situation, uploaded to YouTube. "Luke, I am your patent holder." "Noo-o-o-o-o-ooo-oo!"

    * LOL i haz ur intellec2al properdy portpholeo!!11!!11

    Oh yeah, baby -- it'd be like the Million Man March all over again.

  9. Microsoft wants to build a Linux Licensing busines by pieterh · · Score: 4, Interesting

    This has been clear for ages. See my article on Digital Majority.

    Linux (and all the free software it supports) is a compelling technology that underpins huge new markets. Microsoft wants to tax these markets. It has been accumulating patents, and lobbying for software patents in Europe, and investing in Intellectual Ventures, to create the necessary tools. It has decided the time is right to move. Its strategy is to divide and conquer the Linux community, by making deals with the commercial vendors. The deals don't need to be patent deals, they just need to allow Microsoft to pump some money into the companies in question, so they become slaved to Microsoft's policies. This is a standard operating procedure for MSFT.

    The real targets are the large Linux users - big business. These firms will be asked politely but with force to pay a MS tax on Linux, in the name of "interoperability" and "intellectual property". The carrot will be interoperability with Microsoft's stacks, the stick will be that wallet of "infringements".

    Above all, Microsoft wants to make life hard for IBM: its fear and loathing of IBM underpins its strategy in the Linux space.

    There are two big problems with Microsoft's strategy:

    One, it has moved too soon and too aggressively, probably scared by the GPLv3, and has created serious anger with those large firms it's supposed to be gaining as "Linux customers".

    Second, it is playing games with an industry - the patent industry - that is more evil even than Microsoft. By feeding the trolls, it's sowing the seeds of its own departure from the software business.

    Three, it is forcing IBM to move to action against Microsoft. The Open Invention Network (OIN) can be seen as a direct counter to Intellectual Ventures, which although highly secretive about its investors, most likely runs on MSFT cash.

    Red Hat will, IMO, eventually make a deal with Microsoft, as will Canonical. The deal won't mention patents at all, but it will come to the same: cash flowing from Microsoft to Linux vendors, in sufficient quantities that they will be forced to play nice with Microsoft's plans.

  10. Debian is power by wikinerd · · Score: 4, Insightful

    We have Debian. The community existed before commercial interests took notice of us and we do not need any commercial vendor. SUSE, RedHat, and any other commercial vendor could file for bankruptcy without affecting the GNU/Linux community at all. Our power lies in cooperation, volunteerism, and our love for free software. We don't need money to keep our community alive, because it is based on ideology and love for technology. I moved all of my SUSE-based servers and machines to Debian after the Novell patent deal.

    1. Re:Debian is power by an.echte.trilingue · · Score: 2, Insightful

      Ubuntu, for all the good work that they have done to promote Linux to the world, remains little more than Debian sid with bug fixes and a consistent theme, respun every 6 months. Those elitist geeks you so lightly dismiss built Ubuntu. Cannonical markets it. This relationship continues to this day, and this is why Debian will probably outlive Ubuntu.

      If irregular releases really distressed people, Microsoft would have regular releases. I would argue that most people prefer the rock solid stability of Debian to a regular release cycle. That is why Mandrake, the Ubuntu of 5 years ago, did not become the wave of today: too buggy. Again, just as RedHat outlived Mandrake, Debian will outlive Ubuntu. (and yes, Ubuntu is buggy compared to Debian)

      Oh, and I should also mention that if you take the time to ask questions on debian mailing lists (not the dev lists, of course) and you are polite, you will find that those "elitist geeks" take the time to help even the "lowly noobs".

      --
      weirdest thing I ever saw: scientology advertising on slashdot.
  11. Re:Microsoft wants to build a Linux Licensing busi by McGiraf · · Score: 2, Interesting

    "Red Hat will, IMO, eventually make a deal with Microsoft, as will Canonical."

    Not sure about Canonical doing this, look at bug #1 in their buglist:

    https://bugs.launchpad.net/ubuntu/+bug/1

  12. a modest proposal .. by rs232 · · Score: 2, Interesting

    Why don't RedHat start sending threatening letters to MS customers telling them that they are in violation of RH patents.

    --
    davecb5620@gmail.com
  13. Novel is not totally evil yet by roemcke · · Score: 4, Insightful

    The way I see it, only entering a patent deal is not necessary bad. (except for giving MS money and FUD ammo.) The problems only starts the moment you include patented stuff into GPL'd software.

    Without the patent deal, if you by mistake include patented stuff, you will anger the authors of free software AND risk being sued to death by Microsoft. With the deal, MS can't touch you. You only have to find a way to please the authors of any GPL'd code you may have distributed. History has shown that if it only was an honest mistake, they tend to have small demands. Just remove the offending code and everyone will most likely be happy.

  14. One good thing out of this patent shenanigans... by csoto · · Score: 2, Interesting

    is that it highlights the FOSS community's basic inability to come together over topics. Not that this is a bad thing, but it has to be accepted that some members of the community (yes, RH and Novell are extremely valuable members) will do things others wouldn't. Learn to live with it. Don't quit your day jobs...

    (PS- I call shenanigans!)

    --
    There exists no way of exchanging information without making judgments. --Bene Gesserit Axiom
  15. Nothing to worry about there by ttnb · · Score: 2, Insightful
    I don't know the exact text of the agreement but I am bit worried about the contributions from the distros that have signed the deal.

    Novell etc are hurting their human-to-human relationships with the community and (to the extent that the deals they do violate GPLv2 and GPLv3) they hurt their ability to continue to legally distribute GNU/Linux, but the contributions they've made are irrevocably made under whatever license they distributed their contributions under - these contributions don't become invalid if they violate the license on parts of GNU/Linux that were contributed by others.

  16. You know by nrgy · · Score: 2, Interesting

    this stuff is starting to scare me more and more each time I read it. Sure you can talk about "We will just do without them" but the fact is the corporate world does contribute to linux. How much do they and where would linux be without it I really can't say. But to act like what they do contribute is insignificant is bs if you ask me.

    I like linux, I've been using it for the past 5 years as my only os, but that doesn't mean I run around with blinders on thinking all is fine and dandy. Would linux continue on if as a community we said screw you guys I'm going home, I'm sure linux would go on but how much would it slow its ability to keep up with the likes of Windows, OSX, and the other os's available? I never here anyone mention this factor when talking about picking up our toys and going home. My thoughts on this go much deeper and there are many more factors that I haven't mentioned but my main point is I'm a little worried with all thats been going on lately. Call me a worry wort if you want but I like my linux and if worrying about all the bs that has been tossed around as of late is wrong then so be it.

  17. Talking is his job by flyingfsck · · Score: 2, Insightful

    He would have been negligent if he didn't talk to MS. In the end, he probably made the correct decision.

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
  18. red hat's official statement by spevack · · Score: 4, Insightful

    Disclosure: I work on the Fedora Project. I am employed by Red Hat, but I am not in corporate communications. However, here is the official statement that was issued by that group:

    "Red Hat has only recently been able to see some of the terms of the original Microsoft/Novell deal, due to the belated and redacted SEC filings that were made. Based on what we have seen, the deal is not interesting to us. Red Hat continues to believe that open source and the innovation it represents should not be subject to an unsubstantiated tax that lacks transparency."

    My own thoughts, that are not necessarily those of my employer:

    CEOs have to be very careful about what they say in public, especially in this day and age in the US business world. Sometimes a "no comment" is the only safe answer. Personally, I do not believe Red Hat would ever make a Novell-style deal. I can't even begin to express how angry and disappointed I would be with Red Hat, and Mr. Szulik, if such a deal were to ever happen. But I don't stay up at night worrying about it, because I trust Red Hat's CEO and top management to do the right thing.

  19. NRA by falconwolf · · Score: 2, Insightful

    The problem with the NRA is that they say they need guns to fight off tyranny but essentially define tyranny as not having guns.

    There is no problem with the NRA. As for tyranny and firearms, almost if not every population that was tyrannized was disarmed first. This is true even for the 1980s and 1990s. For instance Iran, after the Iranian revolution the Ayatllahs left people alone at first. The Revolutionary Guard then sponsered a program wherein for every firearm a person brought in they were given enough food for a family of 4 for a month, or something like that. Once the populace was disarmed the Revolutionary Guard started cracking down on the populace. How about Rwanda? Once again the populace was disarmed before the genocide started there. Take Sudan today though there has been an ongoing civil war, Darfur is where the population isn't armed, yet is where most of the bloodshed is and entire villages burned down. In the south however where rebel groups are armed still they don't have villages being destroyed.

    Falcon