Bonum Certa Men Certa

Open Invention Network (OIN) Gets New Leadership, Other Software Patents News

One particularly quiet head-change has gone almost unnoticed. As it turns out, Jerry Rosenthal stepped out of OIN and got replaced by Keith Bergelt.

Keith Bergelt, who made his name first with Motorola and subsequently as a pioneer in the world of IP finance at IP Innovations and then at Paradox Capital, has become the CEO of the Open Innovation Network (OIN). This is the company founded by IBM, Novell, Red Hat, Philips and Sony, that acquires intellectual property rights and then licenses them out royalty free to organisations that agree not to assert their own patents against either Linux or Linux-based applications. While at Paradox, Bergelt helped arrange several significant transactions, including deals around the purchase of Betsey Johnson by Castanea Partners. The last I heard was that Jerry Rosenthal, the former VP of IP and licensing at IBM, was CEO of OIN, so presumably he has either left the organisation or moved to another post. As yet there is no official announcement from the organisation on its website announcing Bergelt’s arrival or what Rosenthal will now be doing.


Bergelt himself has already responded to this piece, which is appended as a clarifying update that shed more light:

So, my assuming the role of CEO of OIN (as I have recast it - the guardian of Linux responsible for enabling, influencing and defending the integrity of the Linux ecosystem) ties in all of my past experience and gives me a platform to continue to be an innovator but have a far more profound positive impact on the IP world and, more importantly, on the global macro-economy. I essentially manage a fund for some of the largest and most influential players in global technology - IBM, NEC, Sony, RedHat, Novell, & Philips - whose purpose is to enable the Linux ecosystem and shield it from patent attacks by patent trolls and others whose business models might be antithetical to true innovation and, by their nature, are opposed to truly facilitating work through rapid advancements in IT and communications technologies and applications.


Other giants in OIN include Oracle and Google, both being relatively recent additions. Sun's CEO promised to protect Linux as well, but in a separate context. Novell's role and membership there is a little strange because its deal with Microsoft beats the purpose of defense from Microsoft, a self-confessed hater of Linux and the GPL. It's important to add that Microsoft's little 'spinoffs' -- which may or many not include Acacia [1, 2, 3, 4, 5, 6, 7, 8, 9, 10], along with its software patent assault on Novell -- come to mind as proof of the weaknesses of OIN. These shortcomings are not going away.

“It makes Novell a black sheep inside OIN and it's a similar position to that of Novell in the FSF, ODF, the Linux Foundation and maybe even the EFF.”Moreover, some people reckon Microsoft will get closer to Novell over the years and maybe even devour it (along with SUSE). OpenSUSE already helps Novell in the development of a distro whose purpose is to replace all those 'naughty' Linux distributions such as Red Flag, Ubuntu and Fedora [1, 2, 3, 4], which 'dare' to refuse Microsoft's 'intellectual' ownership of them. It makes Novell a black sheep inside OIN and it's a similar position to that of Novell in the FSF, ODF, the Linux Foundation and maybe even the EFF. Why do they entertain a Microsoft partner?

Renewed Attempts to Squeeze Software Patents Into the EU



The American administration has been largely apathetic when it come to a needed patent reform. It recently put it on the ice. It just let industry giants essentially take the law into their own hands and abolish a 'rebellion' against intellectual monopolies. The US Government is suppressive to change, to correction through necessary readjustment. More worrying, however, is this unconfirmed report about a big industry lobby which is trying to force an unhealthy unification. It brings with it a broken system and blends it with a healthier one. Monopolisation through contamination, anyone?

The big industry, gathered inside a club named Trans Antlantic Business Dialogue, is lobbying the European Commission (McCreevy and Verheugen) and the American Department of Commerce (Carlos M. Gutierrez) to sign a bilateral treaty on harmonisation of patent law between the developed countries, which will probably not include the european exclusion of computer programs, thus provide a legal base to overhide the failure of the software patent directive in 2005.


Crêpe du Jour, Served by USPTO



Just watch what type of patent applications the USPTO accepts and approves.

U.S. Patent and Trademark Office has issued patent number 7,355,990 for "Mobile-Originated to HTTP Internet Communications." The patent describes a means for triggering an Internet informational query or search using a simple text message originated from a cell phone or mobile device, and is widely used today for two-way premium messaging services.


Worth noticing are the words "widely used today." Not "to be innovative tomorrow" or "promising to be valuable." Abusers of this dysfunctional system strive to get hold of an ownership certificate of something which already exists. It makes it a good weapon, or a candidate for extortion extraction.

China's Nuclear Threat is a Patent Cold War, Armageddon



The Economist has this new article which warns about almost one million lawsuits in China.

WESTERN firms are always complaining about the theft of intellectual property in China. From knock-off designs to copycat brand names, pirated music and fake drugs, China has a well-earned reputation as a free-for-all when it comes to patents and copyrights. Worse, there often seems little hope of redress: the courts are too distant and too incompetent; the laws are too weak or too vague; the culture is too resistant to the very idea of intellectual property. Yet help is at hand, in the form of Chinese firms with patents to defend.

Since 2003 the number of trademark applications has grown by 60%; the number of patents has nearly doubled (850,000 are now active) and the number of lawsuits about intellectual property has more than doubled (see chart). The government is encouraging the trend in many ways, including signalling to the press to cheer it on.

[...]

Unsurprisingly, the main beneficiaries of the sudden interest in intellectual property are Chinese lawyers. Some reportedly earn more than $5m a year. Non-Chinese law firms sometimes provide advice on thorny cases. But they are not allowed to file patents or appear in court on behalf of a client—a proprietary process that Chinese lawyers are keen to defend.


It has always been about the lawyers, but marketed in a way which obscures this, using words like "invention", "innovation", "inventor" (turning negatives to positives), "protection" and "risk" (selling using fear).

Recent Techrights' Posts

Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
 
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva
Hard to Replace 'Human Touch'
The reason many people insist on using GNU
Richard Stallman Gives Talk in 20 Hours at Ostschweizer Fachhochschule Campus in Rapperswil-Jona
The talk is in English
The Slop Companies Gamble at Our Economy's Expense and They Know It's a Losing Bet (So It's a de Facto Robbery)
The crash of this bubble isn't just inevitable, it's already happening and receding sporadically because of false announcements about money that does not actually exist (to "buy time")
Suppressing Speech by Blackmail, the Iran Story
When Debian wanted to stage a seemingly legitimate election it needed to have more than one candidate running; so eventually the female partner of a geek rose to the challenge (had no coding skills at all, no technical history in Debian) and lost to the "incumbent German"
Too Focused on Buzzwords the Media is Paid to Saturate the Collective Mind With
Just because companies do really bad things in the digital realm does not imply "AI" or follow from "AI"
Discrimination and Prejudice Against Female Journalists
we can shame people who attack a reporter on the grounds of gender
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part II - Trying to Put People in Prison for Committing the Act of Journalism
This is abuse of process
Attack on Copyright and Copyleft by Code Conversion Is Nothing New, It Predates Slop (Code Produced by LLMs) by Several Decades
Even back in the 90s many people converted programs from one language to another. That could invalidate copyleft (and copyright), which already existed
Almost a Slopless Weekend for "Linux"
Let's hope slop will come to an end or sites will cease linking to slop
Insiders Explain Why IBM is Dying and the Inherent Culture Problem
There are many ways to shave this IBM cat
Links 08/03/2026: Microsoft Lost $400 Million on "Project Blackbird" and Half the States Sue Over Illegal Tariffs
Links for the day
Links 08/03/2026: Cisco Holes Again and "Blatant Problem With OpenAI That Endangers Kids"
Links for the day
Activism/Journalism in Our Blood
one must fight for one's principles
Gemini Protocol in Its Prime
What's particularly neat about Gemini Protocol is that it's fast and cheap
Microsofters' SLAPP Censorship - Part 6 Out of 200: Intentionally Misnaming Women, People Who Offered to Testify That They Too Had Been Subjected to Similar Abuse
Today it is International Women's Day
Even Fedora Leadership Cannot Figure Out the Microsoft Kill Switch/Back Door, 'Secure' Boot
It does not actually enhance security
Bruce Perens: Richard Stallman "Has Achieved His Goal"
Stallman's next talk is tomorrow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 07, 2026
IRC logs for Saturday, March 07, 2026