Open Invention Network on Microsoft/Novell [LWN.net]

The Open Invention Network has sent out a press release on the Microsoft/Novell deal. "OIN continues to support the Linux community's ability to collaborate and innovate. Through the accumulation of patents that may be used to shield the Linux environment, including users of Linux software, OIN has obviated the need for offers of protection from others." It would be nice if they had directly addressed the question of whether the patents from Novell are still effective, though.

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Open Invention Network on Microsoft/Novell

Posted Nov 22, 2006 0:44 UTC (Wed) by JoeBuck (subscriber, #2330) [Link] (3 responses)

From OIN's site:

"Open Invention Network acquires patents and makes them available royalty-free to any company, institution or individual that agrees not to assert its patents against the Linux environment. "

It would seem that there isn't a conflict between patents Novell has contributed to the OIN pool and their agreement with Microsoft. They have pledged not to assert these patents against anyone who agrees not to attack Linux, and in addition they've pledged not to assert the patents against Microsoft, even if it does go after Linux. I wouldn't be surprised if there are other OIN contributors who are already in the same boat: does IBM has a cross-licensing deal with Microsoft?

Some seem to be reading something into the OIN agreement that is not there: there isn't a pledge to attack those who attack Linux.

Open Invention Network on Microsoft/Novell

Posted Nov 22, 2006 2:01 UTC (Wed) by zotz (guest, #26117) [Link] (2 responses)

Yes, but if all of the patents are also cross licensed to people who would want to attack linux, what protection can they provide? (That is a genuine question, not a come back.)

all the best,

drew
http://www.ourmedia.org/node/262954
Sayings - Deterred Bahamian Novel

Open Invention Network on Microsoft/Novell

Posted Nov 22, 2006 16:26 UTC (Wed) by AJWM (guest, #15888) [Link] (1 responses)

I think that's the parent's (gp to this) point: there is no such protection in that case.

The OIN is (or seems to be from the gp's post -- I haven't researched in depth myself) a pool of patents available for use by any OSS-friendly individual or company, not a pool of patents with which to (counter-)sue an actively hostile patent holder.

The latter is no defense against a patent-troll company anyway, they don't manufacture/distribute anything but lawsuits. (Hmm, tSCOg might have prior art on that...)

Open Invention Network on Microsoft/Novell

Posted Nov 22, 2006 19:26 UTC (Wed) by zotz (guest, #26117) [Link]

Yes, but everyone is in danger from patent trolls. And they are more likely to go after deep pockets I would assume. Could be wrong if they are paid to go after someone else...

But who would like to use patents to shut down or to put per seat licensing on Free Software?

all the best,

drew