Red Hat, its own technology largely based on Open Source development, is expanding its “Patent Promise” through which the Linux software giant promises not to use “our patents offensively” even as its intellectual property portfolio has grown immensely.

“We believe our defensive approach to patents has been beneficial to the open source community as well as Red Hat,” Red Hat announced Thursday.

Red Hat also has fought aggressively against so-called patent trolls, carrying its fight to the Supreme Court.

The first promise was issued in 2002 when the company held few patents.

“[O]ur patent portfolio is intended to discourage patent aggression in free and open source software (FOSS). Since then, we have worked hard to discourage patent attacks through a range of initiatives, and have never used our patents offensively,” Red Hat explained.

“We believe our defensive approach to patents has been beneficial to the open source community as well as Red Hat.”

Michael Cunningham, executive vice president and general counsel at Red Hat, noted in the announcement:

“Red Hat’s Patent Promise now covers the lion’s share of open source code and continues to cover all of our patents. We encourage others to make commitments like these. The innovation machine represented by the open source community is an enormous positive force for society. Our patent promise — we believe the broadest in the industry — is intended to support and nurture that community and force.”

Why change?

In an FAQ, Red Hat said the changes were made because “both Red Hat and open source have changed considerably, and some aspects of the Promise became outdated. Open source is what Red Hat does, and open innovation plays an increasingly important role in technology and beyond. Our expanded Patent Promise recognizes and is designed to protect open innovation.”

The Hatters say that the new “Promise” is “substantially clearer and broader than its predecessor. While the old Promise covered approximately 35 percent of open source software, the new version will cover more than 99 percent. It applies to all software meeting the free software or open source definitions of the Free Software Foundation or the Open Source Initiative and listed by the FSF or OIN. Also, the Promise promotes growth of the open source commons by encouraging release of matching source code. This means that all commonly used open source licenses are included, and many less commonly used ones.”

The full text of the promise follows:

Red Hat: ‘Our Patent Promise’

To the extent a party makes, uses, sells, offers to sell, imports, or otherwise transfers Covered FOSS, Red Hat agrees not to use such actions as a basis for enforcing its patents against the party (“Our Promise”), subject to the limitations herein. Our Promise extends to combinations with such Covered FOSS if the claimed invention is substantially embodied in the Covered FOSS portion of a combination and if all other portions of the combination are merely enabling or general-purpose technologies or practices. For clarity, Our Promise does not extend to hardware by itself or other non-Covered FOSS by itself. Our Promise also does not extend to the actions of a party (including past actions) if at any time the party or its affiliate asserts a patent in proceedings against Red Hat (or its affiliate) or any offering of Red Hat (or its affiliate) (including a cross-claim or counterclaim).

A party relying on Our Promise acknowledges that Our Promise is not an assurance that Red Hat’s patents are enforceable or that practicing Red Hat’s patented inventions does not infringe others’ patents or other intellectual property. Red Hat is not liable to a party relying on Our Promise for related claims brought by another based on infringement of intellectual property rights or otherwise. Red Hat intends Our Promise to be irrevocable (except as stated herein), and binding and enforceable against Red Hat and assignees of, or successors to, Red Hat’s patents (and any patents directly or indirectly issuing from Red Hat’s patent applications). As part of Our Promise, if Red Hat sells, exclusively licenses, or otherwise assigns or transfers patents or patent applications to a party, we will require the party to agree in writing to be bound to Our Promise for those patents and for patents directly or indirectly issuing on those patent applications. We will also require the party to agree in writing to so bind its own assignees, transferees, and exclusive licensees.

Red Hat may modify Our Promise by publishing a new edition on this page or a successor location. The prior edition (including its treatment of previously distributed Covered FOSS) will continue to apply to versions of software distributed as Covered FOSS before the new edition is so published, while the new edition will apply to all other Covered FOSS. Also, the prior edition (including its treatment of previously held patents and patent applications) will continue to apply to patents and patent applications that Red Hat holds before the new edition is so published, and to patents and patent applications that directly or indirectly issue from such Red Hat patents and patent applications, while the new edition will apply to all other patents and patent applications. Nonetheless, this edition of Our Promise supersedes retroactively and prospectively any prior Promise on Software Patents.

Source: Red Hat

Read more at:

https://www.redhat.com/en/about/patent-promise