Protecting Open Source with Patents
March 19, 2012
Cooperation and mutual protection. These are traits that have been all too rare lately in the world of potentially patentable technology. However, that’s what IBM and others are pursuing, according to CNN Money’s “The Open Source Movement Enlarges Its Shield.”
The Open Invention Network (OIN) was formed in 2005 by IBM, Novell, Philips, Red Hat, Sony, and NEC with the goal of fostering a nurturing environment for free and open source software. Since then, other big companies such as Google, Oracle, Fujitsu, and Facebook have joined the fold. The organization recognizes that the current patent-grab atmosphere poses a threat to open source projects. CNN senior editor Roger Parloff writes:
OIN has, therefore, acquired a defensive portfolio of strategic patents which it makes available, royalty free, to companies that commit not to assert their own patents against members of the Linux community. Every licensee also then enjoys royalty-free protection from every other licensee’s patent portfolio, at least as it relates to the specific Linux applications that are designated in the license. Today, the licensees’ collective portfolio includes more than 350,000 patents and applications.
OIN CEO Keith Bergelt expects more companies to join in the effort, including, perhaps, such heavy hitters as Samsung, Intel, and Dell. Eventually, he hopes that enough companies will have joined to induce a sense of isolation in the holdouts. Perhaps.
It is refreshing to read about companies protecting the concept of free and open software. Let’s hope the trend continues. The nagging question: Will open source players have the money to cope with a cashed up troll?
Cynthia Murrell, March 19, 2012
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