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. Links 4/5/2015: Many New Releases, Ubuntu Drone

    Links for the day



  2. Misplaced Focus on Patent Trolls and Patent Lawyers' Defence of Trolls

    Observations about media coverage and reactions to the focus on patent trolls, which distracts from desperately-needed reform around patent scope



  3. PATENT Act a 'Reform' for Big Corporations, Hence Does Not Address the Core Issues, Including Patent Scope and Massive Patent Aggressors

    Big corporations, including some of the biggest patent aggressors out there, successfully lobbied for what has essentially become a bipartisan bill to eliminate the thorn in their side



  4. Openwashing of Binary Blobs That Microsoft Uses to Attack Free Software and GNU/Linux From the Inside

    Media which is either willfully ignorant or complicit has successfully, based on volume of coverage, framed Microsoft's proprietary software as openness and nicety



  5. Microsoft Kills Netscape Again, This Time Removing It From the History Books

    Microsoft's embarrassing crimes against Netscape -- the ones that put Bill Gates on trial and nearly split Microsoft -- virtually forgotten as Netscape itself is made to 'disappear'



  6. Microsoft India's Unofficial 'Branch' Infosys is Torturing the Meaning of Open Source Software

    Infosys, which is best known for its promotion of Microsoft in India, is distorting the meaning of 'Open Source' and joins a non-profit that is supposed to promote programming, not binary blobs



  7. Microsoft Windows is Dying, British Government Should Spend No More Money on It

    Time for the Establishment in the UK to abandon the out-of-support Windows XP (from 2001) and join the next generation of computing, which increasingly revolves around GNU/Linux and Free/libre software, supported by truly British companies



  8. IRC Proceedings: April 5th - May 2nd, 2015

    Many IRC logs



  9. Links 3/5/2015: Black Lab 6.5 RC2

    Links for the day



  10. Links 2/5/2015: Robolinux 7.9.1, LibreOffice Numbering

    Links for the day



  11. Links 1/5/2015: HP Ubuntu Laptops, Arch Linux 2015.05.01

    Links for the day



  12. Links 30/4/2015: Plasma 4.4 in the Making

    Links for the day



  13. Microsoft Embracing, Extending, Extinguishing the Linux-centric Arduino and Raspberry Pi, Making Them Windows Devices

    Raspberry Pi and Arduino carry water for Microsoft as part of the publicity stunts for Vista 10, the operating system which Microsoft tells investors is "marketing"



  14. Microsoft Uses Ubuntu to Demonstrate and Promote Microsoft Lock-in

    Canonical's Ubuntu is now used as the bait by which to seduce developers in the GNU/Linux world into Microsoft dependencies, surveillance, and software patents



  15. The EPO's Tyrant, Benoît Battistelli, is Probably on His Way Out, Threatens to Resign

    The Napoleonic self-acclaimed 'president' of the EPO, who surrounded himself with loyal thugs and crushed all opposition to him (assuring reign by fear), reportedly threatens to fall on his sword if an independent mediator gets appointed



  16. Links 30/4/2015: Debian GNU/Hurd 2015, Microsoft Copies Ubuntu

    Links for the day



  17. Windows Recipes for Disaster (Met Police and Fukushima)

    Microsoft Windows mentality and strong dependencies continue to cause immeasurable damage that costs people a lot in terms money and in terms of health



  18. ‘Visual Studio Code’: Not News, Not Free, Not Open Source

    Another publicity stunt from Microsoft, this time going under the name ‘Visual Studio Code’, which is basically proprietary lock-in



  19. Microsoft's Patent Attacks on Android Not Covered in the Corporate Media, Only Microsoft as the 'Victim'

    Omission of important developments around Microsoft's war on GNU/Linux and Free software, notably against Android and ChromeOS as of late



  20. As Core Issues Still Not Addressed, Another Protest Against EPO Management Scheduled for Tomorrow in Munich, Germany

    On Thursday (tomorrow) yet another demonstration is organised in Munich, less than a week ahead of the UPC decision (May 5th)



  21. Pharmaceutical Patents and Hedge Funds: Evil Fighting Evil

    Revisiting the subject of patents on life or life-saving processes, plus a hedge fund's extortion-type attack on such patents (for quick profit)



  22. UCLA Foolishly Grooms Microsoft's Patent Troll Nathan Myhrvold (Intellectual Ventures), Who is Busy Attacking Android and Linux These Days

    More news about Intellectual Ventures, Microsoft's and Bill Gates' anti-Linux tool, who lost a battle because of last year's SCOTUS ruling and is now groomed by the University of California, Los Angeles (UCLA)



  23. Links 28/4/2015: Plasma 5.3, Cutelyst 0.8.0

    Links for the day



  24. Links 28/4/2015: More on Debian 8 “Jessie”, Fedora 22 Beta Walkthrough

    Links for the day



  25. Microsoft is Attacking Android Like Never Before, Qisda the Latest to Sign Patent Extortion Deal

    More blackmail and propaganda against Android, courtesy of the gentler, kinder, 'new' Microsoft



  26. Caution Needed When Microsoft Copywriters Flood the Media With Microsoft Propaganda

    Media actively subverted by Microsoft-sponsored agents of deception, whose goal is to change what people think of Microsoft and its software, even if by lying (they call it 'marketing')



  27. Gartner Staff That Worked for Microsoft and the Latest Nonsense from Gartner or 'Former' Staff

    Gartner waited until 2015 to declare FOSS fit for databases; another example spotted where Gartner staff comes from Microsoft or vice versa



  28. Links 27/4/2015: Debian 9 Named, Linux 4.1 Reaches RC

    Links for the day



  29. Microsoft is Interjecting Itself Into GNU/Linux and Free Software News, Even Events and Foundations

    Microsoft's entryism strategy is proving effective as Microsoft successfully embeds itself inside the idealogical competition, subverting the competition's overall message and diluting the competition's focus on Free software



  30. The Unethical Business of Selling Fear of Free/Libre Software Bugs (Black Duck, Sonatype, and Symantec)

    The spreading of fear of Free/Open Source software (FOSS) is now a growth industry, so proprietary opportunists are eager to capitalise on it, even if by distorting the truth


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