Bonum Certa Men Certa

A Question About Patents: IBM, OIN, Linux Foundation, and Novell

"IBM's patent department is actively lobbying Europe to legalise software patents. They have invested millions in fighting example cases to leading European lawcourts such as the EPO's Technical Boards of Appeal and the German Federal Court in order to soften and eventually remove European restrictions on patenting software. They have also threatened European politicians that IBM might close down local facilities if software patents are not legalised in Europe. IBM has also prevented the US government from conducting studies on the value of software patents for the national economy. In the wake of the Opensource hype, IBM's rhetoric has become relatively moderate, but nonetheless it is supported by real pressure. IBM has acquired approximately 1000 European software patents whose legal status is currently unclear. Given the great number of software patents in IBM's hands, IBM is one of the few software companies who may have a genuine interest in software patentability. Once software patents become assertable in Europe, an IBM tax of several billion EUR per year may be levied on European software companies." [Read more]

IBM and Microsoft are no enemies. They are inclined to collaborate on some things, as the following new article demonstrates.

The baby SAN that IBM is announcing today supports Windows Server 2003 and Windows Server 2008, as well as the current releases of Linux from Red Hat and Novell.


Microsoft does not appear to have cross-licensing agreements with IBM (it's hard to find examples), so how does that work? By all means, this post is very speculative, so any possibilities that arise should be taken with great deal of caution.

“In fact, OIN seems somewhat close to this 'umbrella' establishment..”It emerged in a recent conversation that the Linux Foundation (LF) is not quite so isolated from the issue software patents. In fact, OIN seems somewhat close to this 'umbrella' establishment, which Jim Zemlin mentioned in his 'letter' published by BusinessWeek last year.

For reasons that were covered here before [1, 2, 3, 4, 5, 6, 7, 8], the LF seems like a muchly misunderstood 'fundation' [sic], whose goals align directly with its members' -- comprising mainly proprietary software/hardware companies. The Foundation spends a lot of time attacking Solaris rather than focus on greater threats. Jim Zemlin responded rather vainly to claims that his words in an IDG article (and later in the New York Times) were damaging.

One source believes there's more to the story and considers the LF to be more than just an umbrella, claiming: "it seems to be an IBM proxy.

"Type "system" or "method" in the patent commons search, it is all IBM patents," says our source.

The same goes for OIN, which is said to also include companies like Red Hat, Google, and Oracle.

Claiming that IBM is everywhere, says our source, "None of them [patents] are really from another company [...] and it is too American"

“The Linux Foundation and OIN bear a certain resemblance.”The Linux Foundation and OIN bear a certain resemblance. Intel is right there in the LF though, so IBM is far from the only titan involved. They have a patent FAQ at OIN, but the action they take against the problem is one that we criticised before. I asked Bob Sutor about patents and IBM, but he didn't even approve my comment, let alone answer the question contained in it. Why is IBM escaping these questions?

Regarding OIN, it's seems like an IBM thing (Jerry Rosenthal is a former IBMers). One might even argue that OIN is to IBM what Intellectual Ventures is to Microsoft. Novell's CEO and CTO are also former IBMers and IBM approved the patent deal which Novell signed with Microsoft. Marbux and/or Gary Edwards used to suspect this was a form of collusion.

At some stage, we wish to do some more research and find out where OIN's current CEO is from. If we could finally explain the relationship between OIN and LF, that would be helpful too. It turns out that OIN has some patents in the LF patent commons. There is a patent commons database in the Linux Foundation. Why this intersection and why so much IBM everywhere?

Comments

Recent Techrights' Posts

IBM Lost Nearly 33% in "Value" in 3 Months (Shares Down $100), But Nobody Held Accountable
This is a truly dysfunctional company
Google "Hey Hi" (Slop) Having a Stroke, Thinks I am Married to the Grandmother of My Grandfather
Seriously!
Beehiiv and Substack Are Platform Lock-in (Similar to Vendor Lock-in), Don't Use Beehiiv and Substack (and the Likes of These)
Proprietary platforms are a problem. Some people "get it" sooner than others.
 
Links 13/05/2026: Slop Turns Into 2008-Style Subprime Bubble, Mass Layoffs at Starbucks
Links for the day
They Don't Like the Layoffs, So They Are Rebranding Them
Layoffs are layoffs
IBM Downgraded as the Shares Sink to New Lows
The current strategy of IBM is financial engineering, wage reductions, and mass layoffs that the corporate media refuses to even write about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 12, 2026
IRC logs for Tuesday, May 12, 2026
Gemini Links 13/05/2026: TUIs and Internet Radio
Links for the day
How the European Patent Office Became a Crime and Corruption Hub, One of Europe's Biggest
incomplete outline
Techrights at 19.5 (We Started in 2006, Days After the Microsoft/Novell Deal)
When Novell bought Ximian (run by the "best friend" of Graveley) it brought trouble to all of us, not just to Novell
In Croatia, Microsoft Windows Share Sank From 98% to All-Time Low of 67% (or 28% If One Counts Android)
statements made last week (and last month) by Microsoft's CEO confirm that Windows is rapidly losing users
SLAPP Censorship - Part 75 Out of 200: All True, All Verifiable, Unlike Garrett and Graveley Lying to at Least Three High Court Judges About What They Did
A lot of what I said a year ago not only turned out to be correct; it was moreover affirmed by Garrett after he had sworn on the Bible and put himself at risk to his liberty
The Corrupt Lecture the Non-Corrupt - Part XXI - EPO President Campinos Bribing to Buy His Seat, But Cautions Staff Against Bribery
This isn't a democratic institution
Gemini Links 12/05/2026: Spring Cleaning and New GemText Software
Links for the day
Links 12/05/2026: Samsung Sued by Dua Lipa (Publicity Rights), ‘Savage Love’ Copyright Infringement Lawsuit
Links for the day
IBM Falls to One-year Low
At one point or threshold does the Board (controlled by the CEO) sack the CEO?
Gemini Links 12/05/2026: On Astronomy and Stargazing, Coyote Time, and Freenom
Links for the day
Links 12/05/2026: Data Centres Destroying Neighbourhoods, "Care Workers Are Saying No to 24-Hour Workdays"
Links for the day
Richard Stallman to Give Public Talk in Erlangen, Germany (Next European Tour)
Seems like a large room
If IBM Suddenly Vanished in the 1980s, There Would be Chaos. Not Anymore.
IBM's management has rendered IBM more irrelevant than ever before
Gitlab is in Trouble and Its Shares Have Collapsed
Down almost 80% since it began [...] The real issue has nothing to do with slop, it is a lack/loss of customers and erosion of the company's theoretical "value"
Microsoft: Mass Layoffs Are "Offers" (Like "Job Offers"), Culling Experienced and Highly-Paid Staff is "Softer Workforce-reduction Strategy"
Media sites that play along with those lies don't do journalism, they're in the PR industry
Under IBM, Mass Layoffs at Red Hat No Better Than Oracle Under Larry Ellison (Treating Workers Like Disposables - Even Enemies - Overnight)
under IBM the respect for the worker (or peer) does not exist
The Slop-Amplified Fear of Privilege Escalation (Local, Not Remote) in Linux, the Kernel
we are meant to assume this is no better and no worse than Microsoft intentionally putting back doors in everything, even encryption
Jim Zemlin/Linux Foundation Selling Anthropic Slop After Getting Bribed for Slop Marketing ('Linux' Foundation is a Pay-to-Say For-Profit Marketing Company That Buys and Manipulates the Media Based on False Pretences)
Look what they've done to Steven Vaughan-Nichols (SJVN)
GitLab the Latest Company to Do Mass Layoffs and Use Slop as the Go-to Excuse (GitLab Users Should Worry Too)
This round of layoffs (disguised as something else) has nothing to do with slop ("hey hi"). It's about commercial problems.
The Corrupt Lecture the Non-Corrupt - Part XX - EPO Management's Unified (One) Voice or Policy is, Doing Cocaine is OK When You're a Friend and/or Family of President Campinos
The management needs to resign to save the Office
Technology Not Meant to Last
A society apathetic towards declining production (or manufacturing) standards will end up ripped off
statCounter Cannot 'See' Chinese Operating Systems That Gain Many Millions of Users Per Month
There is no way for statCounter to recognise or show the market share of HarmonyOS
SLAPP Censorship - Part 74 Out of 200: The Basis of My Lawsuit Against Alex Graveley, Who Helps Garrett Stack the Docket in Another Continent
claim against the Serial Strangler from Microsoft
Update on Slop About "Linux"
"Linux" is a term many people are interested it, so it's not shocking that slopfarms target it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 11, 2026
IRC logs for Monday, May 11, 2026
GAFAM (Microsoft) "Cloud Computing" Means Another Country's Military Accesses All Your Data
reminder that confidentiality and Clown Computing are complete opposites
Another Discrimination Lawsuit Against IBM and Workers Say IBM Culls Older Workers (Just Like Microsoft)
If IBM fails to retain some of the smartest people, then what is the future of IBM?
Gemini Links 12/05/2026: Android Nostalgia and Switching to Guix
Links for the day
Links 11/05/2026: Another Oracle Setback and Mass Layoffs in Iran
Links for the day
Gemini Links 11/05/2026: Older Can Be Faster and Textmode Workflow
Links for the day
Links 11/05/2026: The Solicitors Regulation Authority (SRA) Admits It Only Reacts When It's Too Late (Damage Already Done), Ombudsman’s Animal Cruelty HK Report
Links for the day
If It Takes You a Second to Serve (or Receive) a Page, That's Definitely Too Slow
For speeds at milliseconds (e.g. for pages to fully load in a tenth of a second) the pages must be ready to be sent as soon as they're requested
It's Not About Speed, It is About Patience and Adherence to Truth, Principles, Scientific Integrity
attacks on us only ever made us stronger - a lesson that our adversaries have learned the hard way
Cyber Show Does it Like Techrights: Static and Gemini Protocol as 'First-Class Citizen'
HTML and GemText (over Gemini Protocol) would be rendered in tandem
Libya's Share on the Web: 5.2% GNU/Linux
GNU/Linux has hit an all-time high there
SLAPP Censorship - Part 73 Out of 200: Microsoft's Graveley and Garrett Remain Closely Connected in May 2026 ("Tag-Teaming" Against Bloggers in Another Continent)
The phrase "judge a person by their friends" seems applicable here
Codecs and Software Patents - Part VI - The European Patent Office, Nokia, Microsoft, Sisvel, and More
Whatever Nokia used to be, it's certainly not an ally and a lot of the turmoil at the EPO is the fault of companies like Nokia
Discussions About When the Axe Falls at IBM/Kyndryl (11,000 Layoffs Estimated)
"Kyndryl restructuring should reduce overhead functions and reduce the number of managers that lack technical knowledge"
A World After Microsoft (and GAFAM) and After GitHub Shuts Down
the only growth area is debt
Fake News, Propaganda, and Misinformation: Microsoft Investing Money It Does Not Have in "Hey Hi" (for "Entertainment Purposes" Only)
This will not end well
Today the Whole European Patent Office (EPO) is on Strike and Next Monday an Even Bigger Strike
the media refuses to cover these and is thus complicit
The Corrupt Lecture the Non-Corrupt - Part IXX - EPO Management Speaks of Reputation and Integrity While Putting Cocaine Addicts in Management
If the EPO values its "reputation", then it needs to start by ousting the management
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 10, 2026
IRC logs for Sunday, May 10, 2026
Links 11/05/2026: Security Breaches, Politics, and Energy Crunch
Links for the day
Gemini Links 10/05/2026: "Accidental Cameras" and "Addictive" Interfaces in Social Control Media
Links for the day