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The Open Invention Network acquires 22 more patents

The Open Invention Network has announced the acquisition of 22 software patents formerly owned by Microsoft. "We are pleased to have purchased these patents and view this as a model of successful collaboration among defensive patent organizations that share a common goal of creating freedom of action for practicing entities across Linux and the broader technology sector. The prospect of these patents being placed in the hands of non-practicing entities was a threat that has been averted with these purchases, irrespective of patent quality and whether or not the patents truly read on Linux."

Information on what the patents actually covered remains scarce. Readers wanting a conspiratorial view of the whole thing can find it at Groklaw.


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The Open Invention Network acquires 22 more patents

Posted Sep 9, 2009 14:51 UTC (Wed) by AlexHudson (guest, #41828) [Link]

Given the nature of the organisation Microsoft sold the patents to, it can hardly be called a surprise to Microsoft that they went to OIN. The conspiratorial view appears to be clutching at straws.

The Open Invention Network acquires 22 more patents

Posted Sep 9, 2009 21:04 UTC (Wed) by stumbles (guest, #8796) [Link]

I think the article was more to point out that OIN *was not* invited. Now why would Microsoft want to exclude them? Maybe there is some straw there, but I think Microsoft was trying to pull some shenanigans. But then, my tinfoil hat has been a bit wonky of late.

The Open Invention Network acquires 22 more patents

Posted Sep 10, 2009 7:18 UTC (Thu) by AlexHudson (guest, #41828) [Link]

The point is, if OIN had been deliberately excluded because MS wanted the patents to go to an aggressive troll, then AST should have also been excluded. It's not like MS are unaware of them or their approach.

The Open Invention Network acquires 22 more patents

Posted Sep 10, 2009 14:01 UTC (Thu) by dmarti (subscriber, #11625) [Link]

They evidently assumed that a troll would be able to outbid OIN for the patents when AST was ready to sell them. Maybe OIN has just been better at keeping its assets liquid in the current financial mess than the trolls. The more members join AST, the less that AST's "released" patents are worth to a troll, and the more affordable they are to OIN.

Eben Moglen has a post up about this news too.

The Open Invention Network acquires 22 more patents

Posted Sep 10, 2009 14:03 UTC (Thu) by AlexHudson (guest, #41828) [Link]

AST don't sell to trolls. That would defeat the entire purpose of their organisation.

The Open Invention Network acquires 22 more patents

Posted Sep 10, 2009 1:39 UTC (Thu) by rahvin (subscriber, #16953) [Link]

The conspiratorial view was also shared by RedHat.
http://press.redhat.com/2009/09/09/microsoft-and-patent-trolls/
September 9th, 2009
by Red Hat

The Open Invention Network (OIN) learned recently that Microsoft was planning to auction off some of its software patents, which we understand it marketed to trolls and some other non-practicing entities. It also used marketing materials that highlighted offensive uses of the patents against open source software, including a number of the most popular open source packages. This looked to us like a classic FUD effort. To unleash FUD, you assemble a lot of patents of uncertain value, annotate them with a roadmap for the companies and products to be targeted with the patents, put the lot in the hands of trolls schooled in patent aggression, and then stand back and wait for the FUD to spread with its chilling effect. Fortunately, OIN (through the helpful assistance of Allied Security Trust) managed to obtain this lot of 22 patents. And as part of OIN’s portfolio, they will not be used to cause FUD regarding open source software. Microsoft has recently sent signals that it wishes to be considered FOSS friendly, including contributing code to the Linux kernel. And we have applauded these efforts. But its true colors seem in question. It sued Tom-Tom using questionable patents that targeted Linux and has sought to use the alleged strength of its public patents to twist the arms of its clients and partners under the cloak of a confidentiality agreement-imposed secrecy blanket. This latest attempt to encourage patent aggression by trolls against FOSS further shows that Microsoft is not yet committed to the path of peace with the open source software community and appears intent on inappropriately preserving and extending its dominant market positions in the operating system and personal productivity suites.
It seems to me that RedHat was the one that raised the flag and started waiving it when they heard about the auction as it appears one of the companies solicited by MS went to Redhat (or another OSS company) to discuss the "marketing" materials that accompanied the invitation to bid that discussed ways to use the material against Linux companies. Producing such marketing material means this was an attempt to attack linux without doing it directly and thus opening MS up to Monopoly complaints in the EU or US, particularly that EU where they didn't get the remedies watered down and spent a billion on fines. I personally believe the EU "internet explorer" Monopoly action soured MS on the idea of being personally involved in any attacks on Linux. They were successful using SCO to spread FUD so I believe they've made a corporate decision to try to find another "SCO" to attack Linux and stave off the decline in their software market.

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