Bonum Certa Men Certa

Richard Stallman and Eben Moglen on the Microsoft-Red Hat Deal

Richard Stallman and Eben Moglen
Photo source: Professor Conrad Johnson



Summary: Founder of Free software and author of the GPL (respectively) comment on what Microsoft and Red Hat have done regarding patents

WE FINALLY GOT some feedback regarding the baffling patent agreement which seemingly affects every user of GNU/Linux. We got this feedback from Stallman and (indirectly) Moglen, two of the Free software world's most prominent individuals, especially when it comes to the GPL (GNU Public Licence/License).

Coverage of the Red Hat-Microsoft patent agreement can be found in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. We sought feedback from Red Hat and spoke to low(er) level people for weeks, without ever hearing back from high-level management. After weeks of trying and waiting we ended up asking legal professionals to examine whatever legal contracts -- even if under NDA or some other secrecy clauses that legally-binding deals may have -- were involved. We first wrote to the FSF as follows:

Dear FSF licensing folks,

As discussed earlier in IRC (freenode), I have been pursuing answers from Red Hat regarding an urgent matter. I previously interviewed their CEO regarding patents and last week I spoke to a fairly senior person from Red Hat (unnamed for his own protection), for the third time this month. I wrote about 10 articles on this subject and it led to others writing about it as well, including some prominent bloggers.

"We need to understand what Red Hat agreed on with Microsoft on as Microsoft can use this behind closed doors against other companies, for pressure/leverage."To put it concisely, Red Hat signed a deal with Microsoft which not only involved technical work but also what they call patent "standstill". Who is this "standstill" for? Apparently Red Hat and its customers. I strongly doubt, especially in light of Alice v. CLS Bank, that a "standstill" should be needed. Red Hat does not threaten to sue Microsoft, whereas Microsoft did in the past threaten Red Hat (even publicly). This leaves those outside Red Hat in an awkward position and ever since this deal I have taken note of at least two companies being coerced by Microsoft using patents (over "Android" or "Linux" [sic]) or sued by one of its patent trolls, e.g. Intellectual Ventures. This isn't really a "standstill". It's more like the notorious "peace of mind" that Novell was after back in 2006.

Red Hat has also admitted to me that it is still pursuing some software patents in the USPTO -- a fact that does not surprising me, especially given the soaring market cap of RHT and the growing budget. This serves to contradict what people like Rob Tiller say to the courts; it shows double standards and no principled lead by example.

"The analysis and the voice of the FSF may be needed at this stage."I have asked the FSF's Joshua if it had looked into the patent agreement between Red Hat and Microsoft. Their lawyers in this case, Mr. Piana and Mr. Tiller (probably amongst others whom we don't know about yet), would probably claim and even insist that it's GPL-compatible, but the wording in the FAQ make it look exclusionary and there's no transparency, so one cannot verify these claims.

We need to understand what Red Hat agreed on with Microsoft on as Microsoft can use this behind closed doors against other companies, for pressure/leverage. I am genuinely worried and fellow journalists who focus on GNU/Linux (Sean Michael Kerner for instance) tell me that they are too.

The analysis and the voice of the FSF may be needed at this stage. I have politely urged Red Hat for a number of weeks to become more transparent, whereupon some in the company said they had escalated these requests, but evidently nothing is being done, hence I feel the need to turn to the FSF.

I would gladly provide additional information that I have upon request.

With kind regards,



"In concrete terms," Stallman responded, "what did they agree to do?"

"It is effectively a technical collaboration," I told him, "which also involves a ceasefire regarding patents."

"It is impossible to discuss whether it is good or bad," he said, "until we know what it is."

"We know too little about the patent aspects," I explained.

Referring to Red Hat's FAQ, Stallman said that I "seem[ed] to be talking about text I [Stallman] have not seen."

To quote the relevant part for readers:

4. Does the new partnership address patents?

Red Hat and Microsoft have agreed to a limited patent arrangement in connection with the commercial partnership for the benefit of mutual customers.

The heart of the arrangement is a patent standstill that provides that neither company will pursue a patent lawsuit or claim against the other or its customers, while we are partnering. Neither company acknowledged the validity or enforceability of the other’s intellectual property; it is not a patent license or a covenant not to sue and no payment was made or will be made for intellectual property.

The partnership is between commercial companies related to their common customer offerings, spurred by customer demand. Both parties carefully designed for FOSS licensing compliance in building the arrangement and each party’s relationship to the FOSS community stands on its own.


"Covering only customers and not downstream users," Stallman said, "it is not a good thing, but it may not do a lot of harm."

“Covering only customers and not downstream users is not a good thing, but it may not do a lot of harm.”
      --Richard Stallman
I responded by saying "I hope that a thorough look into it will help remove uncertainty and get some hard answers. Right now it's too vague or me and some fellow developers to conclude anything from."

Days ago I asked whether "there been any progress on this case" because "I just want[ed] to be sure that licensing is looking for answers regarding the matter."

Stallman, by that stage, seemed to have already spoken to a colleague and friend. "Eben Moglen," he explained, "told me it doesn't violate GPLv3. Other than getting that information, I don't know what progress we could hope for."

Well, as GPLv3 co-authors, their take on this sure counts. We therefore got an answer without taking a look at the contract itself (they had made access to it highly privileged information).

Assuming the case won't go any further than this, we believe it helps set the record straight on the Microsoft-Red Hat situation.

Recent Techrights' Posts

GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
 
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day