OIN Expands Linux Patent Protection Yet Again (But Not To AI) (zdnet.com) 7
Steven Vaughan-Nichols reports via ZDNet: While Linux and open-source software (OSS) are no longer constantly under intellectual property (IP) attacks, the Open Invention Network (OIN) patent consortium still stands guard over its patents. Now, OIN, the largest patent non-aggression community, has expanded its protection once again by updating its Linux System definition. Covering more than just Linux, the Linux System definition also protects adjacent open-source technologies. In the past, protection was expanded to Android, Kubernetes, and OpenStack. The OIN accomplishes this by providing a shared defensive patent pool of over 3 million patents from over 3,900 community members. OIN members include Amazon, Google, Microsoft, and essentially all Linux-based companies.
This latest update extends OIN's existing patent risk mitigation efforts to cloud-native computing and enterprise software. In the cloud computing realm, OIN has added patent coverage for projects such as Istio, Falco, Argo, Grafana, and Spire. For enterprise computing, packages such as Apache Atlas and Apache Solr -- used for data management and search at scale, respectively -- are now protected. The update also enhances patent protection for the Internet of Things (IoT), networking, and automotive technologies. OpenThread and packages such as agl-compositor and kukusa.val have been added to the Linux System definition. In the embedded systems space, OIN has supplemented its coverage of technologies like OpenEmbedded by adding the OpenAMP and Matter, the home IoT standard. OIN has included open hardware development tools such as Edalize, cocotb, Amaranth, and Migen, building upon its existing coverage of hardware design tools like Verilator and FuseSoc.
Keith Bergelt, OIN's CEO, emphasized the importance of this update, stating, "Linux and other open-source software projects continue to accelerate the pace of innovation across a growing number of industries. By design, periodic expansion of OIN's Linux System definition enables OIN to keep pace with OSS's growth." [...] Looking ahead, Bergelt said, "We made this conscious decision not to include AI. It's so dynamic. We wait until we see what AI programs have significant usage and adoption levels." This is how the OIN has always worked. The consortium takes its time to ensure it extends its protection to projects that will be around for the long haul. The OIN practices patent non-aggression in core Linux and adjacent open-source technologies by cross-licensing their Linux System patents to one another on a royalty-free basis. When OIN signees are attacked because of their patents, the OIN can spring into action.
This latest update extends OIN's existing patent risk mitigation efforts to cloud-native computing and enterprise software. In the cloud computing realm, OIN has added patent coverage for projects such as Istio, Falco, Argo, Grafana, and Spire. For enterprise computing, packages such as Apache Atlas and Apache Solr -- used for data management and search at scale, respectively -- are now protected. The update also enhances patent protection for the Internet of Things (IoT), networking, and automotive technologies. OpenThread and packages such as agl-compositor and kukusa.val have been added to the Linux System definition. In the embedded systems space, OIN has supplemented its coverage of technologies like OpenEmbedded by adding the OpenAMP and Matter, the home IoT standard. OIN has included open hardware development tools such as Edalize, cocotb, Amaranth, and Migen, building upon its existing coverage of hardware design tools like Verilator and FuseSoc.
Keith Bergelt, OIN's CEO, emphasized the importance of this update, stating, "Linux and other open-source software projects continue to accelerate the pace of innovation across a growing number of industries. By design, periodic expansion of OIN's Linux System definition enables OIN to keep pace with OSS's growth." [...] Looking ahead, Bergelt said, "We made this conscious decision not to include AI. It's so dynamic. We wait until we see what AI programs have significant usage and adoption levels." This is how the OIN has always worked. The consortium takes its time to ensure it extends its protection to projects that will be around for the long haul. The OIN practices patent non-aggression in core Linux and adjacent open-source technologies by cross-licensing their Linux System patents to one another on a royalty-free basis. When OIN signees are attacked because of their patents, the OIN can spring into action.
Doublespeak (Score:3)
So on one hand, they're gonna decry "patent trolls," while on the other they're going to encourage patents to be held by non-practicing entities with their "defensive patenting." If someone could explain the actual beneficial point of the organization, without resorting to self-congratulatory marketing speak, I'd certainly appreciate it.
Comment removed (Score:4, Insightful)
Re: SCO v. Everybody (Score:2)
Re: (Score:1)
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The disarmament version for patents would nix all the cross-licensing that is in place. Anyone could use any of the 3+million patents OIN maintains.
As-is, all members of OIN pledge not to assert their patents in the list of defended "core Open Source Software" as part of joining the collective owners of the 3+million patents.
Why not just dedicate the patents to the public?
Because there would be no clause to revoke the licensing of those patents should someone sue a member for patent infringement using a patent they did not release to the public.
IMO, and
Re: (Score:2)
In the early days of Linux, an American entrepreneur sued Linus Torvalds, claiming he, not Linus, owned Linux.
Later on, Microsoft paid SCO to repeatedly sue over patents that didn't apply and copyright infringement over code that wasn't copied. The judge found the claims to be utterly baseless.
In lawsuits outside of Linux, there's US precedent set by the courts that public domain doesn't actually exist in US law.
Patent trolls have also developed a tactic of copying ideas already in use, parenting them, then