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Red Hat CEO Talked Patents with MS

Posted by CowboyNeal on Fri Jun 29, 2007 06:26 AM
from the sleeping-with-the-enemy dept.
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?"
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[+] Red Hat Rejects Microsoft Deals 287 comments
Kurtz'sKompund passed us an article detailing another loss in Microsoft's licensing push: Red Hat has summarily rejected Redmond's offer of an alliance. The article also touches on Ubuntu's rejection of the same offer, which we discussed this past weekend. ZDNet reports on comments from Mark Shuttleworth and the Red Hat organization, with Shuttleworth stating "Allegations of 'infringement of unspecified patents' carry no weight whatsoever. We don't think they have any legal merit, and they are no incentive for us to work with Microsoft on any of the wonderful things we could do together." Red Hat was even more blunt, stating the organization refused to pay an "innovation tax" to Microsoft. "Red Hat said there would be no such deal. Referring to previous statements distancing itself from Microsoft, the company insisted: 'Red Hat's standpoint has not changed.' The company referenced a statement written when Microsoft revealed it was partnering with Novell, saying that its position remained unaltered. Red Hat director of corporate communications Leigh Day added: 'We continue to believe that open source and the innovation it represents should not be subject to an unsubstantiated tax that lacks transparency.' Many open-source followers argue that Red Hat, as the largest Linux vendor, would have a lot to lose from partnering with Microsoft."
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  • Mass hysteria (Score:5, Insightful)

    by LiquidCoooled (634315) on Friday June 29 2007, @06:31AM (#19687331) Homepage Journal
    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.
    • Re:Mass hysteria (Score:5, Interesting)

      by Aladrin (926209) on Friday June 29 2007, @06:44AM (#19687405)
      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 [wikiquote.org]

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

        I would say that Gen-X has certainly felt one brewing. Fight Club, anyone?
        • Re:Mass hysteria (Score:5, Insightful)

          by simm1701 (835424) on Friday June 29 2007, @07:40AM (#19687681)
          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.
          • Be fair, some of them listen to gangsta music...
            • Re:Mass hysteria (Score:5, Insightful)

              by WilliamSChips (793741) <full,infinity&gmail,com> on Friday June 29 2007, @11:03AM (#19689881) Journal
              The problem with the NRA is that they say they need guns to fight off tyranny but essentially define tyranny as not having guns.
              • NRA (Score:3, 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

        • I would say that Gen-X has certainly felt one brewing. Fight Club, anyone?

          This Gen-X'er certainly feels one brewing. And I *thought* a large chunk of my peers shared some of that... but I'm starting to doubt it. I dunno... as Gen-X'ers reach an age where they start getting elected to public office, etc., we'll see how many of us really believe in ideals like Freedom and Liberty.

          I have to say, I'll be *very* disappointed if my "generation" isn't heavily involved in a pro-Liberty, pro-Freedom shift in thin
    • Thats exactly what I was thinking ;-)

      One large vendor doing so has caused enough disruption.

      What disruption? The only "disruption" I suffered was all the time I spent reading a bunch of blogs going crazy about the Novell deal was the end of the world.... then I went back to work.
    • We would have coped the same as always, we would rant and rave and generally work ourselves into a tizz

      The great thing about this story is that we get to do all that even though nothing happened!
  • Slow news day? (Score:3, Insightful)

    by StringBlade (557322) on Friday June 29 2007, @06:33AM (#19687341) Journal
    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."
    • by eclectro (227083) on Friday June 29 2007, @06:51AM (#19687429)

      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.
  • by raffe (28595) * on Friday June 29 2007, @06:34AM (#19687359) Journal
    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.
    • 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

    • 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?

      The switch can't happen unless all contributors accept it, since they usually hold the copyright to their contributions. Novell can simply say "no, we won't permit that", and the kernel either stays GPLv2, or the Novell contributions must be ripped out.

  • so wtf? (FTFA) (Score:5, Interesting)

    by bl8n8r (649187) on Friday June 29 2007, @06:42AM (#19687387)
    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.
    • This has me puzzled also, Redhat have explicitly stated that they won't go down the whole cross patent deal path, so what's there to deny?

      unless a response of "You must be fskin' joking" was interpreted as a refusal to answer the question.

      • 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.

        • by dpilot (134227) on Friday June 29 2007, @08:20AM (#19687995) Homepage Journal
          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.
    • Re:so wtf? (FTFA) (Score:5, Interesting)

      by kripkenstein (913150) on Friday June 29 2007, @09:16AM (#19688581) Homepage
      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.)
  • Good thing (Score:4, Interesting)

    by CarpetShark (865376) on Friday June 29 2007, @06:44AM (#19687397)
    More people would get the distinction between cooperative communities and commercial companies, and move to Debian.
    • Debian? You mean the Linux distribution that recently came out with a graphical installer?

      *ducks* *runs*
      • It's like a self suicide
        Not sure what you think that this phrase means? If you "suicide" someone else, I think its usually called murder.
  • This sounds like one of thoose stories where pieces of somthing that could destroy the universe have been scattered around earth, & should never be put together less the universe should end.
    More specificly, the part where one of the heros accidently drops one of the pieces & the evil supervillan almost gets it right before the cool guy that everyone thinks is next to useless swoops in out of nowhere & saves the day.
      • Yea but which distro is going to throw a libel suit to make MS STFU?

        I actually think MS is using all of this to go after Google...
  • "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.

  • This has been clear for ages. See my article on Digital Majority [digitalmajority.org].

    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.
  • Debian is power (Score:5, Insightful)

    by wikinerd (809585) on Friday June 29 2007, @07:34AM (#19687641) Journal
    We have Debian [debian.org]. 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.
      • 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
  • One word (Score:2, Flamebait)

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

    One word,

    Ubuntu

  • a modest proposal .. (Score:3, Interesting)

    by rs232 (849320) on Friday June 29 2007, @08:15AM (#19687951)
    Why don't RedHat start sending threatening letters to MS customers telling them that they are in violation of RH patents.
  • by roemcke (612429) on Friday June 29 2007, @08:25AM (#19688035)
    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.
  • by csoto (220540) on Friday June 29 2007, @08:29AM (#19688065)
    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!)
  • You know (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 contin
  • Talking is his job (Score:3, Insightful)

    by flyingfsck (986395) on Friday June 29 2007, @09:08AM (#19688491)
    He would have been negligent if he didn't talk to MS. In the end, he probably made the correct decision.
  • by spevack (210449) * on Friday June 29 2007, @10:31AM (#19689497) Homepage
    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.
  • One large vendor doing so has caused enough disruption.

    What is this disruption you refer to? Its it something new from the FUD that has been circulation for years, fodder for /. or idiotic articles in Computerworld?

    • *sigh* You're probably right. When the Novell deal came up, RedHat was quick to put a really nice article [redhat.com] on their site assuring that they'd never do such a thing to their customers.
      Funny how times change.
      (Well, I just read that link again, and it still gives me some hope; it really does look like a well thought out plan, and not the usual PR fluff you'd expect.)
      • Re: (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.
        • 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.

          Red Hat is a publicly traded company whose primary stockholders and customers are corporate enterprise groups. They don't sell to "hobbyists". Based on their customer profile, who do you think they care most about?

    • despite Linux' vendors' holier-than-thou attitude with regard to F/OSS vs. proprietary and software patents, business takes precedence.

      So?

      If you want to be Richard Stallman about it, this is exactly the difference between "free software" -- an ethical prerogative -- and "open source" -- a business convenience. We knew all along that Red Hat et al. were from the open-source faction.

      In practical terms, Red Hat makes money off its software, and uses that money to pay many prolific Linux developers. Same with m
    • Yes it is. Software patents are EVIL! I almost had a heart-attack just reading the headline!
    • Well, actually I have a dualboot, but the copy of Windows 2000 is from a corporate license, so technically it's free to me...