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Patent lawyers agrees with my belief that Red Hat will have paid

Patent lawyers agrees with my belief that Red Hat will have paid

Posted Oct 7, 2010 13:00 UTC (Thu) by FlorianMueller (guest, #32048)
In reply to: Patent lawyers agrees with my belief that Red Hat will have paid by jwildebo
Parent article: Red Hat settles patent case with Acacia - shares few details (InternetNews.com)

You can't just dismiss it as "lame" to describe the modus operandi of such patent holders (there's an economic logic and a legal one for that) and to conclude what most likely happened and what Red Hat may most likely be trying to hide.

Many such disputes happen, and there are well-known patterns. I've been following that type of activity for some time, and Patrick Anderson, whose tweets I quoted, is a lawyer focused on patents in the state of Texas, which as you know is an extremely popular venue for such litigation.

In my opinion, by far and away the most probable assumption is that you (Red Hat) have just suffered a Novellization at the hands of Acacia. Patent owners don't grant GPL-style patent licenses protecting all downstream users including non-customers and forkers, unless they're in an incredibly weak legal position (which is doubtful given that the patent wasn't on the verge of invalidation, but on the contrary had proved defensible) *and* tight on cash (which isn't the case with Acacia).

It would be up to Red Hat to put the facts on the table. Can you assure all non-customers using your code on GPL terms that you've covered them? Including all forkers of your code on GPL terms, no matter what kind of GPL-based software they may create?

I'm sure that if you could, you would say so, as you did in a past case.

But you don't, which is weak, and the facts I described above speak a clear language.

Prove that you aren't another Novell, please.


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"I found a lawyer who agrees with me"

Posted Oct 7, 2010 14:44 UTC (Thu) by tialaramex (subscriber, #21167) [Link]

Florian, go back and read all the coverage of SCO. According to the same kind of "pick a lawyer who agrees with me" process everybody from Red Hat to IBM to little non-profits with a Linux server in the corner, would soon be paying fat royalties to SCO. That's just how it works, they assured us, you have to pay the Dane.

But we didn't.


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