EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

10.03.08

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

Posted in Finance, GNU/Linux, IBM, Microsoft, Novell, Patents at 10:05 am by Dr. Roy Schestowitz

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?

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

A Single Comment

  1. AlexH said,

    October 3, 2008 at 10:15 am

    Gravatar

    IBM are huge, it’s not a surprise that they have connections to a lot of IT businesses. Even Microsoft is full of ex-IBM people (e.g., Phelps).

    I doubt they will get their way in Europe; that tide has turned for now. I’d be more worried about multinational treaties personally.

What Else is New


  1. The European Patent Organisation Refrains (For Nearly a Week) From Speaking About Battistelli's Abuses as Judged by ILO Tribunal

    The EPO's silence on the matter of Patrick Corcoran is deafening; to make matters worse, the EPO continues to pollute media and academia with money of stakeholders, with the sole intention of lobbying and misleading news coverage (clearly a disservice to these stakeholders)



  2. Carl Josefsson Lets Judge Patrick Corcoran Come Back to Work at the EPO

    After initial reluctance to obey/respect the rulings from the ILO (security staff declining access) there is official permission for Patrick Corcoran to enter and resume work (following 3 years of injustice against him)



  3. Bristows is Being Hammered With Negative Comments For Its Unitary Patent (UPC) Lies

    The Unified Patent Court (UPC) is practically dead in the UK and Ireland; Bristows, nevertheless, continues with its desperate spin



  4. Links 11/12/2017: Linux 4.15 RC3, Debian 8.10 and Debian 9.3

    Links for the day



  5. Judge Corcoran Turns to His Government for Help and EPO 'House Ban' is Finally Lifted

    Sources that are very reliable say that Patrick Corcoran is coming back to work, however it's now clear when and how long for



  6. Raw: Battistelli's Control/Domination Over the Boards of Appeal

    An old EPO document internally voicing concerns about the lack of independence at the Boards of Appeal



  7. Raw: Conflicts of Interest of EPO Vice-President

    An old EPO concern regarding structural collisions and mixed loyalties



  8. Microsoft-Connected Patent Trolls Are Increasingly Active and Microsoft is Selling 'Protection' (Azure Subscriptions)

    There are several indications that Microsoft-connected shells, which produce no products and are threatening a large number of companies, are inadvertently if not intentionally helping Microsoft sell "indemnification" ("Azure IP Advantage," which echoes the Microsoft/Novell strategy for collecting what they called "patent royalties" one decade ago)



  9. Yes, RPost is Definitely a Patent Troll and Its Software Patents Are at Risk Thanks to Alice

    The latest whitewashing (or reputation-laundering) pieces from Watchtroll, which tries to justify patent-trolling activities with software patents, typically in the Eastern District of Texas



  10. The Latest Scams in the Patent World

    Examples of 'dirty laundry' of the patent microcosm, which it understandably does not like covering (as it harms confidence in their services/advice)



  11. Patents Are Becoming a Welfare System for the Rich and Powerful

    A culture of litigation and more recently the patenting of broad industry standards may mean that multi-billion dollar corporations are cashing in without lifting a finger



  12. Unlike the Mobile Domain, When it Comes to Cars Patent Lawsuits Remain Rare

    An optimistic note regarding the relatively low-temperature legal landscape surrounding advanced automobiles, even though patents are being amassed on software in that domain



  13. The Federal Circuit Rules (Again) in Favour of Section 101/Alice, Koch-Funded CPIP Tries to Overturn Alice at the Supreme Court

    The US Supreme Court's decision on Alice continues to have a profoundly positive impact (except for trolls) and Koch-funded academics try hard to compel the US Supreme Court to reverse/override Alice (so far to no avail)



  14. Next Director of the USPTO Parrots Talking Points of Patent Extremists and Their Lobbyists

    The next USPTO boss (still subject to official confirmation) may be little more than a power grab by the litigation and patenting 'industry', which prioritises not science and technology but its own bottom line



  15. Raw: Three Years for 'Justice' (to be Disregarded by Benoît Battistelli) at ILO and Over a Decade at the EPO

    The delays associated with ‘justice’ at the EPO (usually neither justice nor compliance with rulings) have become so extraordinary that immunity should long ago have been stripped off and Battistelli et al been held accountable



  16. Raw: Scuttling of the General Advisory Committee and Battistelli Stacking the Deck to Have 'Yes Men' as Representatives

    How the EPO broke down resistance to Battistelli’s oppressive policies not only at the Council, disciplinary committees and auditory divisions but also staff representation (symptomatic of Battistelli’s notion of justice)



  17. The Patent Trial and Appeal Board Will Endure Supreme Court Test and Overcome the Tribal Immunity “Scam”

    The Patent Trial and Appeal Board (PTAB), based on the latest news, is still winning the argument and justifying its existence/importance



  18. Phones/Mobility (Trillion-Dollar Market) May Have Become Infested and Encumbered by Aggressive, Dying Companies

    The tough reality that new entrants/entrepreneurs are facing now that a few dying giants look to "monetise" their patents rather than create anything



  19. Links 9/12/2017: Mesa 17.3, Wine 3.0 RC1, New Debian Builds

    Links for the day



  20. Like the EPO, Taiwan/China (SIPO) Harm SMEs With a Policy of Patent Maximalism Which Fosters Litigation, Not Innovation

    A culture of patent maximalism breeds plenty of lawsuits in China (good for the legal ‘industry’), but small companies that are innovative lose focus and resources, just like in Europe where SMEs are discriminated against



  21. Bristows Continues to Lie About Unitary Patent (UPC) in Britain Only to Get Rebutted in Comments, As Usual (Criticism Not Deleted Yet)

    The latest wave of posts (typically from Bristows) which herald an arrival of UPC in Britain are not just delusional but also constitute terrible legal advice



  22. The European Union Now Repeats Paid Propaganda From the EPO (Regarding the Unitary Patent)

    The EPO's push for UPC, which has already involved payments to media and academia, is spreading to the EU, which unfortunately fails to uphold the Rule of Law and the spirit of the EPC



  23. European Media Covers the Latest EPO Scandal and the EPO's Refusal to Obey Orders of a Court

    European media is starting to catch up with the latest from ILO and the great importance not only of the rulings but also the EPO's response to these



  24. Antonius Tangena From the European Patent Institute (EPI) 'Aids' Željko Topić's Appointment at the European Patent Office (EPO)

    An E-mail from Antonius (Tony) Tangena reveals a degree of coordination between the EPI and the EPO -- a potentially inappropriate action that can be seen as a cover-up attempt



  25. SUEPO Announces Protest, EPO Distracts From the Scandal, and Readers Spill the Beans

    Readers have sent some additional details regarding the EPO "backstory" that we wrote about this morning



  26. EPO Scandal Spills Over to Irish Media, So It's Time for the Backstory

    A lot more is being revealed by the media this week (regarding the EPO's "war on judges") and now that it's a more 'mainstream' subject we can shed light on the background to it



  27. Battistelli's EPO is Once Again Caught in Very Gross Violation of the European Patent Convention (EPC)

    The tyranny of the EPO is made abundantly clear for all to see -- ILO included -- but will there be consequences for repeated violations by Team Battistelli?



  28. Links 7/12/2017: Qt 5.10, ReactOS 0.4.7, Guix and GuixSD 0.14.0

    Links for the day



  29. Less Than 24 Hours Later the EPO Already Refuses to Obey Court Orders From ILO (Updated)

    As expected by realists (or pessimists), the EPO continues to act as though it's above the law and even judges suffer miscarriage of justice against them



  30. ILO Said Give the Judge His Job Back, But Christoph Ernst's Administrative Council Will Likely Let Him Go (Unemployed)

    Another potential EPO scandal in the making, as after waiting for 3 years the illegally-suspended judge might get his job back for only 3 weeks


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts