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February 16, 2009 7:30 AM PST

Microsoft, Red Hat to interoperate patent-free

by Matt Asay
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For years, Microsoft has insisted that open-source vendors acknowledge that its patent portfolio is a precursor to interoperability discussions. On Monday, Microsoft shed that charade and announced an interoperability alliance with Red Hat for virtualization.

The deal includes several key components, all related to virtualization:

  • Red Hat will validate Windows Server guests to be supported on Red Hat Enterprise virtualization technologies.
  • Microsoft will validate Red Hat Enterprise Linux server guests to be supported on Windows Server Hyper-V and Microsoft Hyper-V Server.
  • Once each company completes testing, customers with valid support agreements will receive coordinated technical support for running Windows Server operating systems virtualized on Red Hat Enterprise virtualization, and for running Red Hat Enterprise Linux virtualized on Windows Server Hyper-V and Microsoft Hyper-V Server.

Pretty straightforward, as interoperability should be, and driven by customer demand for Microsoft technologies running alongside Red Hat's, according to Mike Neil, general manager of Virtualization Strategy at Microsoft. The top Linux vendor partnered with Microsoft: this is a major win for customers.

Crucially, Red Hat's interoperability deal with Microsoft does not include any patent covenants, the ingredient that torpedoed Novell with the open-source community:

The agreements establish coordinated technical support for Microsoft and Red Hat's mutual customers using server virtualization, and the activities included in these agreements do not require the sharing of IP. Therefore, the agreements do not include any patent or open source licensing rights, and additionally contain no financial clauses, other than industry-standard certification/validation testing fees.

Red Hat has long argued that patent discussions only cloud true interoperability, which is best managed through open source and open standards.

While Red Hat has flirted with such interoperability before by joining with Microsoft in the somewhat toothless Vendor Interop Alliance, this is its first direct interoperability initiative with Microsoft.

What most people don't know is that Red Hat had been discussing interoperability initiatives with Microsoft for a year before Novell and Microsoft tied the knot, but Microsoft ultimately derailed the talks by trying to introduce a covenant not to sue over patents, similar to what it ended up negotiating with Novell. Red Hat rejected this unnecessary inclusion, left the bargaining table, and Microsoft connected with Novell to use interoperability as an excuse to attack open source.

Monday, Red Hat and Microsoft have together demonstrated that interoperability can exist independent of back-room dealings over patents. Microsoft has increasingly been forced to open its stance on patents by the European Commission, anyway, proving Red Hat's resolute stance against patents was the right one. But this announcement suggests that Microsoft is maturing in its views on how to interact with open-source vendors.

It also suggests that Red Hat is maturing in its realization that it must interoperate with the old world of proprietary software even as it attempts to forge a new one of open-source software. Red Hat has long depended upon proprietary software: Red Hat Enterprise Linux's success has derived from its support for Oracle and other proprietary vendors.

Both Red Hat and Microsoft on Monday lowered their guns long enough for customers to win. They did so without encumbering interoperability with patents, which will be critical to ensuring that Microsoft can lower its guard further to welcoming open-source solutions to the Windows fold as a full partner.

Follow me on Twitter at mjasay.

Originally posted at The Open Road
Matt Asay brings a decade of in-the-trenches open-source business and legal experience to The Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure. You can follow Matt on Twitter @mjasay.
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by eudefender February 16, 2009 8:11 AM PST
Open standards are patent-free ones and patents on standards are inacceptable. Microsoft aggressively obstructs open standards policies of foreign nations. Microsoft has to offer true RF conditions, not offer untrusted indemnification declarations. Period.

I welcome RedHat's involvement in the Russian Operating System initiative. Only market pressure or governmental intervention is able to restore competition in the operating system market.
Reply to this comment
by Commander_Spock February 16, 2009 10:49 AM PST
RE: "I welcome RedHat's involvement in the Russian Operating System initiative. Only market pressure or governmental intervention is able to restore competition in the operating system market..."

The world knows that the Russian Space Federation depends on the IBM's OS/2 Warp Operating System to launch their Space Vehicles.... So, why on earth should the Russians now switch to to Tuxedo Clad Birds (Linux Systems). Maybe, just maybe these are some of the reasons why the Luxury stores in Russia are closing their doors - the adoption of the Linux Business Model with "Developers" Working For Free" and not money to pay their bills much less to shop for luxury items.

Read behind the "Communist-Socialist Operating System initiative" lines.

Long Live OS/2 Warp!

Live Long And Prosper!
by t8 February 16, 2009 12:26 PM PST
@ Commander_Spock

Ha ha ha ha OS2 Wart.
It will never take off, but I give you credit for being it's number 1 fan and no 2, 3, and so on, because you are the only fan.
by Commander_Spock February 16, 2009 12:26 PM PST
Whooaaahhhh...... Re: "[.....I welcome RedHat's involvement in the Russian Operating System initiative....]" Got to look out for dem "LITTLE GEORGIA's" folks!

Soooo.............. much for - Freedom Of Speech!!!

Buy International! Buy OS/2!
by Commander_Spock February 16, 2009 12:43 PM PST
Hi " t8"! Good to see ya. Take a look at what is still happening with the U. S. economy and the economies in countries around the work in as much as the Windows and the Linux Operating Systems are the ones that have been pushed over the years with billions of dollars pumped into their developments; and, on top of all of this they both cannot yet deliver. Read the lips of President Barack Obama as to when the U. S. and world economies will begin to right themselves.

Why work for "Free" (and, one cannot deliver) when you cannot put food on the family's table, pay for utilities and medical bills, pay for college fees for your children; and, most important - keep a roof over your head!

Long Live OS/2!
by Seaspray0 February 16, 2009 12:48 PM PST
Commander Spock, you are also a proponent of moving OS2 warp into the same general public license with eComStation and have posted several times your support for it. Yet, you are now criticizing that same model.. "Linux Business Model...".

Explain yourself, Commander Spock! One too many glasses of Klingon blood wine?
by t8 February 16, 2009 1:21 PM PST
@ Commander_Spock

Work for free.

Community work can save money and lots of people make money from Open Source.
In addition, a proprietary OS cannot compete with an Open Source one unless it already has significant momentum and programs running on it. If Windows and Linux both supported the same programs, then Linux would have a significant cost advantage which would win many customers, but OS/2 Wart has little reason for it's existence now. It is neither Open Source or compatible with programs. It is more likely to be used in smaller invisible markets like ATM machines, and kiosks.
by alegr February 16, 2009 5:23 PM PST
Com Spock! Long time no hear... I guess you ran out of money to buy your medications...
by Commander_Spock February 16, 2009 5:44 PM PST
Re: "Com Spock! ..... I guess you ran out of money to buy your medications..."

How can this be so "alegr" when all of the $700,000,000,000 (with more to come from the Stimulus Package) went to the banks (that chose 90% Windows (Code-Base OS/2) over Linux.

Why on God's Greening Earth are you missing the 90% (Code-Base OS/2) Plus point!!!
by Commander_Spock February 16, 2009 8:07 PM PST
BTW, "alegr"! What plans are in place now that space adventures and satellite communications from outer space might now be at risk from "growing debris fields" (re: th results of colliding satellites in space...); and, this is akin to the thousands of Linux and Windows flavors (as against a few OS/2 ones) and not a single one when we can say - Mission Accomplished as far as the downward spiral of the world's economy is concerned.

So, with whatever you are having (?????) against that which Commander_Spock and Crew are having (?????) - you can have whatever you like.
by Commander_Spock February 17, 2009 6:38 AM PST
Hey "Seaspray0"! Re: "Explain yourself, Commander Spock! One too many glasses of Klingon blood wine?"

Very, very simple to explain - Buy Americas!

http://www.iadb.org

"Financial and Economic Crises...." What Financial and Economic Crises????
by ewriter21 February 16, 2009 8:22 AM PST
Good for customers to a degree but hardly the world peace you're attempting to portray.

I don't see how either side lowered the guns. Both's customers are as open to IP problems as they were before. By choosing to support interoperability, neither side did anything to lower customer or their own risk from patent issues. Arguably Red Hat has little to hold over Microsoft anyway so this was a no brainer for Microsoft. Go after Red Hat workload on Hyper-V to maintain control of the data center. Promise nothing relative to IP in order to keep options open. They couldn't do that with Novell because Novell had enough patents that Microsoft needed to worry about and Microsoft had by far made more money off those potential infringements than Novell. And, as you point out, Microsoft's attitude was different then.

I agree that the interoperability and coordinated support are good for customers. Coordinated isn't quite the same as the support agreement Novell and Microsoft put in place but it is a step in the right direction.

To claim the world is quite different because of this announcement or in any way imply that Red Hat's customers are some how safer from IP claims because of it is pretty irresponsible. This is a business driven move. If there comes a point where Microsoft thinks the best thing for its business is to go after Red Hat for IP issues, they'll still do that. If they think the best thing for the business is to leave Linux and / or all of OSS alone, they'll go that way.
Reply to this comment
by Matt Asay February 16, 2009 8:33 AM PST
Not world peace, but a nice thaw between Gorbi and Reagan.

As for safety, Red Hat's customers are as safe today as they were yesterday...as are Microsoft's. The difference is that Microsoft is no longer holding out the specter of patent suits to induce customers to buy, as it did with Novell. This is about making technology work together, which is what interop is supposed to be about, and not about lawyers getting a recessionary bail-out.
by ewriter21 February 16, 2009 9:21 AM PST
It is a bit unimaginative to compare this Red Hat - Microsoft agreement in February 2009 to the Novell - Microsoft agreement in 2006. The market and the companies (all three) are different today than they were then. I get that you really, really didn't like the Novell - Microsoft agreement but most of the rest of the world has moved on and no one has destroyed the entire open source world on the back of the agreement. A more creative view might even acknowledge that the November 2006 deal and the numerous others since, each of which was a bit different than the one before it, paved the way for this February 2009 deal and pushed Microsoft to begin a journey of looking at different, better ways of co-existing and even tentatively embracing open source from a place that they could at that time remotely consider.

And, as you know, the lawyers made plenty of money in forming this new Red Hat - Microsoft agreement anyway. They always do. How do you think they came to the conclusion that this particular agreement, narrowly focused on interoperability of virtualization on each other's hypervisors (no desktops, no samba, no domain or AD services) was in fact free and clear of all things Microsoft is otherwise still thinking are IP issues?
Reply to this comment
by odubtaig February 16, 2009 11:39 AM PST
Samba and AD have already been dealt with after MS were forced by the EU to hand over the specs for the whole of AD to the Samba team for an almost nominal fee.

Given that the Samba team work for Google, not Red Hat, and that they have everything they need I don't see why it would even come up. The reason for the continuing incompatibilities is the amount of time it takes to implement such a complex system.
by Commander_Spock February 16, 2009 12:05 PM PST
Re: "[...And, as you know, the lawyers made plenty of money in forming this new Red Hat - Microsoft agreement anyway. They always do. How do you think they came to the conclusion that this particular agreement, narrowly focused on interoperability of virtualization on each other's hypervisors (no desktops, no samba, no domain or AD services) was in fact free and clear of all things Microsoft is otherwise still thinking are IP issues?...]" Well, as far as it is known the "B-A-N-K-E-R-S" ( who chose th Windows Operating Systems over OS/2 and Linux had their eyes on brand new and sleek "CORPORATE JETS" and hefty "WALL STREET BONUSES" until the President Barack Obama Administration stepped in. And, as a matter of fact the "90% Windows Operating System controlled banks" are the ones who has all the $700, 000, 000, 000 from the President Bush Administration bailout cash. Duh!
by odubtaig February 16, 2009 3:16 PM PST
Man, I don't care if English is your first, second or 22nd language. Use paragraphs. You read like an amphetamine junkie.
by Commander_Spock February 16, 2009 4:42 PM PST
Hey "odubtaig"! With $700,000,000,000 in bailout money already in the hands of the "b-a-n-k-s" ; and, with an additional trillion being placed on the table why should you even be bothering about the English language when you should be focusing on the "real topic" like a laser beam; or, is it that "SPEED" (the pharmacological substance) holds more interest to you rather than traveling at Warp "Speed" as far as a solution to the current world's financial and economic situation go.

And, hoping that this was "slow" enough for you this time!
by odubtaig February 17, 2009 2:25 AM PST
Nutter.
by Commander_Spock February 17, 2009 6:28 AM PST
"Nutter."? Hey "odubtaig"! Is that a word that is in the "Stimulus Bill" that gets signed pretty soon by President Barack Obama; and, also one that has to do with the OS/2 Micro Kernel.... as the "Micro Economics" are being grappled with! Do ya care to explain its functionality in the context of interoperability issues....
by gary85739 February 16, 2009 10:30 AM PST
If you didn't see this coming, you're naive!
Reply to this comment
by dragonbite February 16, 2009 11:25 AM PST
"It also suggests that Red Hat is maturing in its realization that it must interoperate with the old world of proprietary software even as it attempts to forge a new one of open-source software."

Or it suggests that Microsoft is realizing that any deal with Red Hat may stem the tide for them to trash Microsoft in the server market.

At least Red Hat has managed to make the deal and maintain their integrity (so far). I don't think the community is going to light their torches and grab their pitchforks for this one!
Reply to this comment
by Seaspray0 February 16, 2009 1:18 PM PST
Dragonbite, microsoft isn't bleeding in the server market share. The corporate world has whole heartedly embraced windows server. Even in the webserver market (where linux does best) it's not a runaway contest for linux.

http://news.netcraft.com/archives/2008/03/26/march_2008_web_server_survey.html

Research next time, before you make such claims.
by pentest February 16, 2009 2:42 PM PST
That marketshare data is bogus.

Crappy hosts like 1&1 and GoDaddy put hundreds of websites on a single machine running a single copy of windows server. It is one install, yet gets counted up to hundreds of times.

Microsoft is a bit player in the server room.
by Seaspray0 February 16, 2009 10:52 PM PST
Then supply a source with more accurate information or one that backs up your claim. I'll judge by what statistics I can see and so far you have supplied none. Although I didn't provide them because of their age, I have read several articles over the years that contradict your claims. I'm not asking for alot; just provide a source that shows what you claim is true. Until then, I can only consider what you say as an opinion without any basis of truth.
by CrashPad63 February 16, 2009 11:38 AM PST
My God!!! Old testament Type. Fire and Brimstone from the sky! Cats and Dogs living together! Plain mass hysteria!!!! Where will it end?
Reply to this comment
by t8 February 16, 2009 12:38 PM PST
Not cats and dogs, but a corporation trying to screw every penny out of the public and another corporation that helps the public by marketing/selling a public OS with industrial tech and service added in for value.
by t8 February 16, 2009 12:26 PM PST
Good on red Hat for sticking by their principles and not giving in to Microsoft's unnecessary crap.
Reply to this comment
by Seaspray0 February 16, 2009 10:58 PM PST
If it makes for a happy arrangement, then I'm for it. One of the possibilities I can see is better standards for interoperability between computers. Who knows, it could happen.
by sfotoord February 16, 2009 1:45 PM PST
"Microsoft has increasingly been forced to open its stance on patents by the European Commission, anyway, proving Red Hat's resolute stance against patents was the right one. "

"It also suggests that Red Hat is maturing in its realization that it must interoperate with the old world of proprietary software even as it attempts to forge a new one of open-source software."

Pushing an agenda in your article?
Reply to this comment
by pentest February 16, 2009 2:44 PM PST
And what agenda is that?

I am not a fan of Matt, but the first statement is factual, and the second is reasonable conjecture.
by ewriter21 February 17, 2009 7:22 AM PST
Just re-read this whole article and comments and one thing jumps out as being way, way wrong with the reporting. The opening paragraph says "...Microsoft announced.....". Um, sorry but no they didn't. Not only did they not announce (it was a Red Hat press release and web conference) but there also wasn't an alliance, just a joining of each other's virtualization programs as they both try to take on VMWare and others in the virtualization market. Since RHEL and Windows Server are pretty big slices of the virtual guest OS pie, it is hard to be serious about offering a virtualization platform if you don't certify with these OSes as guests.

Before stating as fact that "Microsoft announced" something, it'd be a good idea to scan their press releases to see if they'd done so. You're attributing way too much to them in your original article.
Reply to this comment
by Kimsh February 17, 2009 4:34 PM PST
Why do we even have an Open Source Zealot writing this article? Guarenteed to get clear objective story right? Summary, support is extremely expensive. Supporting someone elses software is ugly and expensive. No one wants to do it. Red Hat and Microsoft have bitten the bullet and tried to get the right thing to happen here. Lets give them a quiet nod, and get on and use the tools that are best suited to the task.
Reply to this comment
by AMDJulie February 20, 2009 7:33 AM PST
Margaret Lewis of AMD noted this article, and her take on the announcement, in her virtualization blog http://links.amd.com/coopetition
Reply to this comment
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