Questions to Red Hat


"We choose to use software patents," you say. And when people ask how this is compatible with the needs of the FOSS economy you make a Promise not to sue those who have no money, and you explain, with words we have heard a million times from a million bullies with sticks and guns: "trust us, this is for your own defence".

Dear Red Hat,

Considering and understanding that:

  1. Your Patent Promise is not a license,
  2. it can be revoked at any time,
  3. it has no legal standing in many countries,
  4. it can be circumvented via 3rd party licensing,
  5. it can be circumvented by transfer of specific patent assets,
  6. it would not survive acquisition of your Company,
  7. it excludes many popular FOSS licenses,
  8. it excludes end-user closed source that builds on FOSS libraries,
  9. it excludes your business method patents,
  10. and that your paying customers are granted an actual license.

We ask, is your patenting activity not designed to reinforce and protect your commercial FOSS distribution and licensing business, rather than to "defend" free and open source software?

We ask you in the name of everyone who uses, distributes, or develops software:

  1. To demonstrate the "defensive" nature of your patents;
  2. To explain why you do not grant an irrevocable license in line with the GPLv3;
  3. To explain who you aim your business method patents against;
  4. To explain why you patent software and business methods in Europe;
  5. To explain why you patent old obvious techniques like SOAP-over-CGI;
  6. To explain why you patent close to emerging open standards;
  7. To explain why you are secretive about your patenting activity;
  8. To explain your use of existing mechanisms to protect Prior Art.

And we leave this page open to comments by those who would endorse these questions, defend Red Hat, or correct our understanding and interpretation of the Promise.

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  • Red Hat and software patents - "The cynical among us could even see this policy as a strike by Red Hat against a whole class of competing free operating systems." Posted June 3, 2002 by corbet, on LWN.
  • Red Hat Patent Policy - "Our Promise: Subject to any qualifications or limitations stated herein, to the extent any party exercises a Patent Right with respect to Open Source/Free Software which reads on any claim of any patent held by Red Hat, Red Hat agrees to refrain from enforcing the infringed patent against such party for such exercise ("Our Promise"). Our Promise does not extend to any software which is not Open Source/Free Software, and any party exercising a Patent Right with respect to non-Open Source/Free Software which reads on any claims of any patent held by Red Hat must obtain a license for the exercise of such rights from Red Hat. Our Promise does not extend to any party who institutes patent litigation against Red Hat with respect to a patent applicable to software (including a cross-claim or counterclaim to a lawsuit). No hardware per se is licensed hereunder. Each party relying on Our Promise acknowledges that Our Promise is not an assurance that Red Hat's patents are enforceable or that the exercise of rights under Red Hat's patents does not infringe the patent or other intellectual property rights of any other entity. Red Hat disclaims any liability to any party relying on Our Promise for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the Patent Rights permitted by Our Promise hereunder, each relying party hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. … Open Source/Free Software means any software which is licensed under an Approved License." — From RedHat.com, 3-28-2009
  • Red Hat clarifies that its Patent Promise extends only to suppliers - "Red Hat says that it keeps its patents only for defensive purposes - patent licensing by detente or mutually assured destruction. Why, then, has Red Hat refrained from explicitly making a promise not to assert any patents against anyone who does not first assert patents against Red Hat? Red Hat could even guard against a company selling its patent rights to a troll, by reserving patent rights against parties who do so." — From ACT Online, 11-27-2009
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