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IBM Software Sony Linux

IBM And Sony Form Linux Alliance 165

An anonymous reader writes "CNN is reporting that IBM, Sony, and Philips are creating a Linux adoption group. Called the 'Open Invention Network', it is intended to protect vendors and customers from patent royalty fees while using OSS." From the article: "Patents owned by OIN will be available without payment of royalties to any company, institution or individual that agrees not to assert its patents against others who have signed a license with OIN, when using certain Linux-related software. Traditionally, patents have been pursued for two primary reasons -- to defend one's own intellectual property or for barter to trade in cross-licensing agreements to gain access to other companies' patents. OIN represents a new form of cross-licensing that its backers say could spur innovation. "
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IBM And Sony Form Linux Alliance

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  • by ooze ( 307871 ) on Thursday November 10, 2005 @09:54AM (#13997012)
    Yep. It's the next best thing to abolishing patents altogether for spurring innovation. And it's the furthest they can get in that area. Noone can abolish any laws in a democracy when there is a rich lobby that depends on them.
  • Protection racket (Score:1, Interesting)

    by Anonymous Coward on Thursday November 10, 2005 @10:02AM (#13997061)
    First impressions, this stinks. Let's extrapolate. What happens when this 'protection club' gets a little competition? Instead of one universally broken patent system for all we then have several competing gangs all trying to form the biggest group, each further partitioning knowledge into feudal provinces. Besides which, Sony are involved. Who of sane mind is ever going to trust a company with Sonys record now? To me a big point of Linux is a the 'fuck you' to the nasty big corps. To be honest I'm quite glad the Novell SuSe thing is going south, and I don't know what IBM have to offer really. Sure it has a feelgood factor to have a heavyweight apparently onside, but at the end of the day when I saw that IBM ad with Linux portrayed as a child I couldn't help thinking of IBM as a child molester walking the kid out into the woods. At the end of the day they are only after control and profit. I hope a lot of these big companies fail in their Linux exploitation attempts and the OS continues to grow steadily on its merits as a community development.
  • by harrkev ( 623093 ) <kevin.harrelson@ ... om minus painter> on Thursday November 10, 2005 @10:06AM (#13997079) Homepage
    Perhaps you are right. In the eyes of the law, a corporation is a single entity. I guess that people (myself included) also tend to think of it as a single entity. Maybe I should think of it as having "multiple personality disorder." The only problem is that I like to spend my money with companies who support linux, and I like to not spend my money on companies who support DRM. *Harrkev's head explodes.*

    But seriously, I also wonder what the requirements for membership in this group is. This is a "if you don't sue me, then I won't sue you" club. But what if a corporation wants to join without holding any patents? They would get a lot out of joining, but not really have anything to contribute. Would they still be allowed to join?
  • by htd2 ( 854946 ) on Thursday November 10, 2005 @10:11AM (#13997109)
    It all rather depends on how many patents end up in the combined pot and what value these patents have in the real world.

    The reality of IBM's last foray into patent donation to the OpenSource community was much much less impressive than the publicity it generated. Most of the patents were either irrelevant to the OpenSource community or about to expire or both.
  • Re:Protection racket (Score:1, Interesting)

    by Anonymous Coward on Thursday November 10, 2005 @10:13AM (#13997124)
    , but at the end of the day when I saw that IBM ad with Linux portrayed as a child I couldn't help thinking of IBM as a child molester walking the kid out into the woods

    Actually they chose a child because it best represented the mentality of most Linux fanboys.

    Funny how it's "control and profit" minded companies employing most of the people working on OSS (not necessarily to work on OSS, but most OSS developers have to earn a living to allow them to "play"). Gee, I wonder how /. manages to pay for all the bandwidth and keeping folks like Taco employed? Maybe there's a "profit" minded company that allows it to occur?

    To me a big point of Linux is a the 'f**k you' to the nasty big corps

    That's right, increasingly a lot of OSS isn't about creating better software, it's about the politics. Nice that you have your agenda and then go run off at the mouth about other peoples simply because they don't match yours.
  • by Amiga Trombone ( 592952 ) on Thursday November 10, 2005 @10:14AM (#13997127)
    Probably not. However you're forgetting how big a company Sony is. Just think of IBM - on one hand they are fighting against Microsoft through Linux and their servers and services, but on the other hand they are manufacturing chips for Microsoft's brand new console.

    Saying IBM or Sony is like saying United States of America. Are you talking about Texas or Hawaii or Massachusettes?

    They're a little bit different.
  • by porkThreeWays ( 895269 ) on Thursday November 10, 2005 @10:21AM (#13997177)
    It may seem to the public like they are one big entity, but in reality they are a huge company with many opinions within. This is really true of any organization. Even within our own department here there are huge disparities of attitudes. Sometimes a project will arise that only needs one programmer and they get free reign on how to do things. Invariably they will write it in their favorite language on their favorite platform. If an outside person were to see my programs they would think "wow, they really have a commitment to open source". Then later, "wow, a program in VB? This seems out of character for them".
  • by Anonymous Coward on Thursday November 10, 2005 @10:23AM (#13997201)
    Of course this doesn't make patents "good" . . . but the truth is, they're here to stay for the foreseeable future. If the "good guys" can use their patents to fight the "bad guys", it's a better world.

    Not that the USPTO doesn't still need a good overhaul, but until then, this will help spur innovation.

  • This is great but... (Score:2, Interesting)

    by ankura ( 769374 ) on Thursday November 10, 2005 @10:26AM (#13997225)
    Patents owned by OIN will be available without payment of royalties to any company, institution or individual that agrees not to assert (my emphasis) its patents against others who have signed a license with OIN, when using certain Linux-related software.

    ... would OIN be willing to counter-sue (backed up with its patent portfolio) say an 800 pound gorilla who find Linux violating some patents and sues linux users.

    That doesn't seem to much sense so here's an example scenario:
    - MSFT decides Linux kernel violates some of their patents.
    - Sues some-non-commercial-linux-distro users.

    So, would OIN be willing to assert its patents against MSFT?
    -ankur
  • by bperkins ( 12056 ) on Thursday November 10, 2005 @10:35AM (#13997325) Homepage Journal
    Keep your friends close, and your enemies closer.
            --Sun-tzu

    I think in this case Sony sees a threat from Microsoft, and wants to gang up as much as possible. For Sony, DRM and patents are largely orthogonal. DRM has to do with copyright and the enforcement mechanism is primarily the DMCA.

    I think it's worth noting that if Sony had to choose between ditching DRM and protection from death by patent litigation, it would choose the former. Content, especially music, just isn't as big a business as consumer electronics.

    Either way, you can still hate Sony if it suits you. It's a pretty big company, it's probably OK to like one division and hate the other.

    The hive mind has spoken.

  • by eGuy ( 545520 ) on Thursday November 10, 2005 @11:40AM (#13997975) Homepage
    Novell and Red Hat are also founding members of Open Invension Network. I'm not sure about Red Hat but I know that Novell has a slew of valuable patents that would help prevent lawsuits. This is really neat. As more companies become members of the network, the stronger open source will be - legally. This is worst case scenario for companies like Microsoft. For example, would Microsoft shy away from launching a patent infringement battle against red-hat? I don't think they would flinch. But would they launch the same battle against the combined patent portfolio of IBM/Sony/Phyllips/Novell/Red-Hat?
  • Plutocracy (Score:3, Interesting)

    by WebCowboy ( 196209 ) on Thursday November 10, 2005 @02:00PM (#13999420)
    Would you accept that the US of A is a plutocratic/democratic republic?

    I'd say that's a fair assessment--Americans form governments through elections (democratic process) that are heavilly influenced by money--especially coporate money (a plutocracy). The only real way to restrict the (usually corruptive) influence of wealth in government is through an informed, involved electorate. Unfortunately the American electorate is neither.

    Not so sure about Canada, which is also in America.

    As a Canadian I can tell you that the same is very true here, though in slightly different ways. In the US, those critical of the government point to the heavy influence the oil industry has in Washington. In Canada, that influence is provided by the information/entertainment industry. Besides having the govenrment-owned CBC network, the two major privately-owned canadian networks/media conglomerates (Bell-Sympatico-CTV and Global) are owned and run by very major supporters of the governing Liberal party (financially and through direct political involvement). I've found that despite being government owned and obviously socialist editorially that the CBC is probably a bit more critical/objective in its stories about the government even though the government owns it.

    In Quebec in particular, most advertising agencies providing services to the government have been major donors to the Liberal party and have provided staff--on paid company time--to "volunteer" for Liberal campaigns. This behaviour goes quite a bit beyond even the deplorable bid-selection behaviour of the previous Mulroney government. If the uninformed have any doubts about the influence that the media and (dirty) money have on Canadian politics, take some time to look at the Gomery Inquiry report. Lobby money certainly does run Canada and the Canadian electorate is even less involved than their American counterparts.

    As far as this new patent initiative by these major corporations, it is merely fortunate that they are acting in the best interests of consumers and innovation. We need a "movement" involved in patents equivalent to what GNU provides for copyright. Given the higher barrier to entry in the patent system it was much less likely to happen based on the efforts of a few dedicated individuals, and given the nature of our governments, even less likely that they would spearhead such an initiative.

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