Netstat -vat by Sean Michael Kerner (bio )

A command line view of IT

« Google Chrome 4.0.206.1 updates for extensions, FTP | Sean Michael Kerner Blog | Cisco fixes massive TCP flaw »

Why did open source group buy Microsoft patents?

By Sean Michael Kerner on September 8, 2009 12:57 PM

From the 'No Comment' files:

The Wall Street Journal reported this AM, that the Open Invention Network (OIN) was in the process of acquiring former Microsoft patents in a bid to help protect open source users.

I contacted OIN first thing this morning by voice and email and they haven't responded to my questions (yet), there also is no public press release yet available.

The gist of the WSJ story is that the OIN is acquiring 22 patents that Microsoft sold to Allied Security Trust earlier this year. It isn't clear whether those patents are part of the 235 patents that Microsoft has alleged open source software infringes on in 2007. The WSJ quotes a Microsoft source that stated, that the patents were not important to Microsoft's business going forward.

Without any additional details (and thanks a lot OIN for being as closed as the best proprietary software company), this is an interesting, but not critical step for Linux and open source.

Patents in general, can represent a risk to any open source vendor that doesn't have its own patent portfolio. They can also represent a risk to ANY software vendor with the potential for patent claims (legitimate or otherwise, I'm not debating the merits of software patents here).

By buying the 22 patents, OIN is essentially taking them off the market and removing the risk of future litigation.

Whether or not they are critical to Microsoft is another story.

Microsoft has claimed that open source software infringes on more than 200 of its patents. Removing a mere 22 of them, is just a drop in the bucket.

As well, since Microsoft licenses some of its patents to Novell (under their patent covenant agreement), those are the patents that I see as being key. It is unlikely that Microsoft has sold any of those core patents as it would invalidate the need for part of the Novell deal.

OIN, whose members include IBM, Red Hat and other key Linux vendors is all about making royalty-free patents available to open source developers.

Whenever the OIN decides to open up and actually be OPEN and talk to more media than just the WSJ, I'm sure the full story will come out (and I'll update appropriately). Either way, this is a win for open source as it removes the risk from 22 patents to developers and users.

Permalink | Comments (0) | TrackBacks (0) | Share