What Doth the Linux Foundation Protest? - Open Source Software Up the Stack

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October 12, 2007
What Doth the Linux Foundation Protest?

I received the following statement this afternoon from the Linux Foundation about the recent patent infringement suit filed by IP Innovation LLC against Red Hat and Novell.

"Novell and Red Hat will respond to this claim with the same energy and effectiveness as we saw Novell and IBM bring in their response to the allegations made by SCO. As in SCO, we have confidence that in the end the court will reach a just and right result. This case will aid those of us who are advocating the cause of patent reform by demonstrating the wasteful drain that the current process imposes on innovative activities. We are committed to continuing our vigorous support for meaningful amendment of the software patent laws."

I wrote Wednesday that I would not write anymore about Microsoft and patents but I felt duty bound to find out what the suit was about.

It has nothing to do with Microsoft it turns out (except according to some conspiracy theorists who have noted that three or four former Microsoft managers work for IP Innovation's parent company).

It also really doesn't seem to have much to do with Linux either (except that Red Hat Linux--but not Red Hat Enterprise Linux??--and Novell's Suse Linux are mentioned in the suit, the same way Apple OS/X was mentioned in exactly the same suit back in April).

It also doesn't seem to have any thing to do with SCO (except that SCO sued Novell years ago).

As you can see, the Linux Foundation seems to be going to some lenghts to make a point. But I am not getting the point. I know it wants patent reform; write your congressman.

The suit does appear to have something to do with windows (but not that Windows, just generic windows as in Xerox Parc, circa 1987) and how the operating system--the two Lini mentioned above in this case, OS/X back in April--open and shut them. The conspiracy theorists seem to be stretching because the Applie lawsuit was filed before the Microsoft guys all joined the company.

Go to the parent company's web site, Acacia Technologies, and you find Red Hat has joined some elite company. Everyone else that is anybody in the IT industry has already been sued by these guys (or have bought some rights from them, which apparently is how you keep from getting sued). Novell's name appears regularly along with IBM, Oracle, SAP, EMC, CA, Sage and McAfee in addition to Apple. And these are just the companies in the IT market that deal with Acacia, some kind of patent clearinghouse.

I know everyone's waiting for THE court test. And poor PJ at Groklaw is afraid she's out of business if it doesn't come fast. But this ain't it folks.