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November 15, 2006 8:46 PM

Red Hat Rejects Patent Agreement with Microsoft



Microsoft is in an awkward position now that Red Hat has slammed the door shut on any possibility of entering into a patent protection deal similar to the one Redmond has with Novell.

While Microsoft has been telling anyone who will listen that it wants to enter into a similar patent indemnity arrangement with all the other Linux vendors, and is hopeful this will be achieveable with Red Hat, it appears that is not going to happen.

In fact, Mark Webbink, Red Hat's deputy general counsel, told me that "we do not believe there is a need for or basis for the type of relationship defined in the Microsoft-Novell announcement."

But Red Hat had, and would continue to, work with Microsoft on true interoperability and open standards in the way it did in advising them in the development of their Open Specification Promise.

Those comments come shortly after Bob Muglia, Microsoft's senior vice president for servers and tools, told me in an interview at IT Forum here in Barcelona that he wanted 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 were.

Asked if he thought this was likely, Muglia said that was a question for Red Hat, but added, "I hope so. We really want to do this."

Interesting enough, Bill Hilf, Microsoft's general manager of platform strategy, told me earlier this week that the company has not ruled out going it alone and providing some sort of indemnification for its customers who also use Red Hat Linux.

It now seems likely that is what may have to happen.

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Linux a Microsoft from Martin Knotek blog
http://www.microsoft-watch.com/content/corporate/red_hat_rejects_patent_agreement_with_microsoft.html [Read More]
Red Hat rechaza acuerdo de patentes con Microsoft from meneame.net
Microsoft, que confesó que está dispuesto a hacer más alianzas como la de Novell, estubo pensando en Red Hat para concretar más acuerdos sobre patentes se reveló ayer. Sin embargo, en Red Hat esta idea no parece para nada popular: "No creemos que ... [Read More]

Comments (14)

Clifford Cheng :

Fully agree. I'll switch to Red Hat because of their guts of not dancing with the devil.

Sum Yung Gai :

I have, over the last 15 years, learned not to trust Microsoft. There are just too many examples that show that, if you make a deal with them, you inevitably lose. Oh, you might get a (very) short-term benefit, but in a few years, you will regret it. Remember, this is the same company that is even willing to attack *schools*. Let's not forget that. This is the kind of company that Novell is now in bed with.

For that reason, I have stopped recommending SuSE Linux in any form. I now recommend either Red Hat, Ubuntu, or for those organizations who don't really need corporate backing, Debian.

Justin :

Just goes to prove once more that Redhat is a whole lot smarter than Novell. I dont' say SuSE because I'm sure they would have seen through MS's FUD too.

anon :


My sincere congratulations to RedHat. Not only do they have a first class product but more importantly they've earned our respect.

We will no longer recommend or support any product Novell distributes.

Anon

Ron Schiavo :

Just a few comments from the real world.

The company I work for is a Microsoft & Red Hat shop. When the MS/Novell deal was announced a couple of weeks ago. This was not missed by our senior management. This was seen as a pleasant surprise. I say this because I'm surprised at how many think this is a bad idea.

IMHO, if the MS/Novell announcement makes Linux/Windows integration easier and removes the risk of litigation these are things that are GOOD FOR BUSINESS. Honestly, we don't care about the MS/Linux/Unix holy wars going on. This is about business. Our company is growing quickly and for us to get to the next level we need to reduce risk and be as efficient as possible. Interoperability is not an option, it's a must.

Everything I'm reading from Red Hat (like this article) implies that Red Hat is having problems digesting the "religious" issues and not looking at the business aspect. If Red Hat is going to stick with this approach then I have to wonder if it makes sense sticking with Red Hat.

If Red Hat claims this deal isn't required, then why are you letting your biggest competitor (Novell) having an advantage over you? Get on the phone with MS, sign it and get it over with.

In light of Oracle squeezing Red Hat on it's own turf, RH can't afford to be left out of these business relationships. We're taking a wait and see attitude because most of us can't believe RH would be dumb enough to sit on the sidelines. Otherwise, we will be taking another look at Suse.

Rufus Polson :

Ron, could you suspend just for a second your "Oh those religious zealots" mentality and ask yourself this basic business question:

"What's in it for Microsoft?"

I haven't seen anyone who likes the deal suggest just what the heck Microsoft's benefit is supposed to be in this. But Microsoft is not in business to be public-spirited (any more than Red Hat). They're in business to make money, which they have historically done by cornering markets so as not to have to use low commodity pricing models. That's worked well for them to date. There has been no major shift in personnel lately that I know of, no "new broom". Why exactly should everyone expect that they've suddenly turned into a charity? And why does it take a "religious" attitude to ask this hardheaded question?

werner :

The joke to 'indemnize' Red Hat (or in future any Linux) users for invented problems by M$ self - like, illegal patent usurpations - is
a similar respectlessness against the whole mankind and their basical rights like already the sense of the M$-Novell deal and the comments by M$ at its side.

Anybody should see this, not forget it, and take his consequences. Among others, these are, stay far from any propertary software, and not enter in the game by M$ underlying their rules.

W.r.t. any attack against you, your rights, your freedom, its not so important the form, manner, justification, because here its easy from the attacant to cover it or make it sweet. Most important is the will and the initiative and offensive to desrespect you and to attack you and your rights at all. And here, the USA together with Israel, in the appearence and justification as a 'firma' and with patent claims, try to dominate and forbid you and the whole world progress and freedom on informatics and telecommunication. Observing this, becoming also unjustified similar attempts like forbid to other countries nuclear or other progress, and make justified all problems what they suffered or will have to suffer in the future by other people and cultures.

nobody ('s fool) :

If only the healthy profit motive could suffice this side of absolute domination and enslavement via $strangleware, we could have it all, enterprise and freedom for everyone. MS is dreaming about all Linux distros, for each one killed-off two new ones will sprout to interdict tyranny. I'll start mine tomorrow, in four years it'll be on ready-1 with another hundred. Kudos to The Hat BTW!

I want news

Implied Termination :

Don't drink the cool-aid. This sounds like a good deal on the surface - and may very well be. The problem however, is this agreement, like most others, has an end. What happens when the contract isn't renewed and Linux is stocked full of software Microsoft now has more leverage to claim Intellectual Property over? What about the years of development lost working on stuff Microsoft will rip out from under us instead of safer solutions that try to skirt any "Intellectual Property" claims by Microsoft? Perhaps Microsoft is willing to sacrifice a decade or two for the promise down the road of some really lucrative "Intellectual Property" licensing....

Drew :

Kudos to Red Hat for standing firm!

Why would Red Hat even bother looking at the deal when both Microsoft and Novell can't seem to agree what the deal IS!

It's so murky and uncertain and smacks of a smug "I told you so" if you agree to it, when Red Hat and other Open Source vendors have already looked at the legal ramifications and risks.

I'm sure that was looked into when SCO started and I'm glad to see that Red Hat believes in their own research to not be suckered by an open invitation.

I'm sure if things were to clear up and Red Hat sees a benefit in dealing with Microsoft along these lines they will. That just isn't the case right now.

tony :

Congrats to Redhat - I also have stopped recommending SUSE to any of my clients. As a point person to some rather large fortune 500 companies I am happy to say I have always like Redhat and will continue to push their products. I don't see any reason to sign a deal with Microsoft - the community thru it's own hard work has created a platform that is Microsoft free and should remain that way. My company has decided to help migrate customers off the SUSE platform. So far this month we have successfully moved about 1400 users off the platform onto Redhat. It's a shame I liked SUSE before the Microsoft issues but I always loved REDHAT.

Alisa :

National Transportation Safety Board recently divulged they had funded a project with the US auto makers for the past five years. The NTSB covertly funded a project whereby the auto makers were installing black boxes in four wheel drive pickup trucks in an effort to determine, in fatal accidents, the circumstances in the last 15 seconds before the crash.

They were surprised to find in 49 of the 50 states the last words of drivers in 61.2% of fatal crashes were, "Oh, Shit!"

Only the state of Texas was different, where 89.3% of the final words were, "Hey Y'all, hold my beer and watch this!"

I guess SuSe will be turning into another Windows clone. Microsoft will be bringing it's innovative technology of blue error screens to Suse free of cost.

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