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 6/12/2019: DRM in GNU/Linux and Sparky Bonsai

    Links for the day



  2. The EPO Rejects Innovation

    The EPO ceased caring about the needs of scientists whose work involves invention; instead, EPO management crafts increasingly lenient guidelines that yield illegal European Patents (not compatible with the EPC) that heavily-besieged EPO judges are unable to stop



  3. Startpage CEO Robert Beens in 'Damage Control' Mode, Trying to Get Startpage Relisted After Selling to a Massive Surveillance Company

    PrivacytoolsIO is being lobbied by the CEO of Startpage to relist Startpage, based on no actual refutations at all



  4. IRC Proceedings: Thursday, December 05, 2019

    IRC logs for Thursday, December 05, 2019



  5. Links 5/12/2019: qBittorrent 4.2.0, Expensive Librem 5 and OpenBSD Bugs

    Links for the day



  6. Microsoft Staff Repeatedly Refuses to Tell How Many People Use WSL, Defends Patent Extortion and Blackmail of Linux Instead

    The people who develop WSL (mostly Microsoft employees) get easily irritated when asked how many people actually use this thing; but more interestingly, however, they reveal their disdain for GNU/Linux and support for Microsoft blackmail (for 'Linux patent tax')



  7. IRC Proceedings: Wednesday, December 04, 2019

    IRC logs for Wednesday, December 04, 2019



  8. Links 4/12/2019: Tails 4.1, UCS 4.4-3 and Proxmox VE 6.1

    Links for the day



  9. Google Tightens Its Noose

    Now it’s official! Google is just a bunch of shareholders looking to appease the Pentagon at all costs



  10. Europeans Still Need to Save the European Patent Office From Those Who Attack Its Patent Quality

    Patent quality is of utmost interest; without it, as we're seeing at the EPO and have already seen at the USPTO for a number of years, legal disputes will arise where neither side wins (only the lawyers win) and small, impoverished inventors or businesses will be forced to settle outside the courts over baseless allegations, often made by parasitic patent trolls (possessing low-quality patents they don't want scrutinised by courts)



  11. We Never Accepted and Will Never Accept Corporate Money

    Corporate money is a unique problem because of its magnitude and the fact that it's impersonal; shareholders can only ever accept its supposed justifications if they're receiving something in return (of proportional worth to the payment/transaction)



  12. IRC Proceedings: Tuesday, December 03, 2019

    IRC logs for Tuesday, December 03, 2019



  13. Links 3/12/2019: elementary OS 5.1 Hera, Plasma 5.17.4, Firefox 71

    Links for the day



  14. Laundering the Reputation of Criminals: That's an Actual Job

    An important reminder that the manufactured, paid-for (media is being bribed) image of Bill Gates is the product of the PR industry he enlisted to distract from his endless crimes



  15. 'Priceless' Tickets to the EPO's Back End and Team UPC

    CIPA's and the EPO's event (later this week) is more of the same; the EPO exists not to serve European businesses but a bunch of law firms and their biggest clients (which usually aren't even European)



  16. IRC Proceedings: Monday, December 02, 2019

    IRC logs for Monday, December 02, 2019



  17. New EPO Leak Shows That the Rumours and Jokes Are Partly True and We Know Who 'Runs the Show'

    Europe’s second-largest institution is so profoundly dysfunctional, a reprehensible kakistocracy of tribalism, money-grabbing career-climbing autocrats and possibly major fraud; today’s leak looks at what motivated and enabled the formation and latest incarnation of “Team Campinos”



  18. Links 2/12/2019: Linux Mint 19.3 Beta, DPL Sam Hartman Talks About SystemD

    Links for the day



  19. What Former Debian Project Leader (Second to the Late Ian Murdock) Thinks About SystemD in Debian GNU/Linux

    Now that Debian is debating and voting on diversity in the technical sense the thoughts of Bruce Perens merit broader audience/reach



  20. Free/Libre Software Will Eventually Become the Norm, 'Open Source' is Just Proprietary Software Trying to 'Buy Time'

    More people are starting to ask questions about Free software while “Open Source” languishes (people can see it’s just a mask for proprietary software); it was a two-decade delaying tactic that’s wearing off (people see GitHub and the OSI/Linux Foundation for what they really are)



  21. IRC Proceedings: Sunday, December 01, 2019

    IRC logs for Sunday, December 01, 2019



  22. Richard Stallman is Active and Doing Well

    The rumour mill may still be humming along; but against all odds — as Chief GNUisance of the GNU Project — Stallman keeps fighting the good fight (in the face of growing resistance)



  23. Banning Former Microsoft Employees Who Complain About Microsoft Lies, Abuses and Crimes

    The official account of Windows Insider is banning people whom it never even spoke to; this seems like a way of 'punishing' people who are not 'true believers' in Microsoft



  24. Wikileaks: Thierry Breton May Have Misused Regulatory/Government Positions to Attack His Competition (in the Market)

    Thierry 'revolving doors' Breton as seen by the United States government



  25. 13 Years of UPC Promises

    The anatomy of UPC 'fake news' or lobbying tactics along the lines of self-fulfilling prophecies and false predictions



  26. Is Water Wet?

    The criteria for patent eligibility reduced only to this question: will allowing these patents increase ‘production’ (number of patent grants)?



  27. The EPO's President Admits He's Illegally Granting Software Patents (CII, 4IR, IoT, AI and Blockchain Mean Software Patents at the EPO)

    The EPO's chief liar is openly and proudly promoting software patents using buzzwords and hype waves (and mysterious acronyms that are rather meaningless but spread by the media in exchange for money received from the EPO)



  28. Tone Policing and the Linux Foundation

    A timely example of situations where the Linux Foundation can seemingly 'cancel' people (using the Code of Conduct) for political opinions



  29. It EEEsn't Just a Microsoft Thing Anymore

    The EEErosion of Python's independence is a known problem and Microsoft is not the sole culprit



  30. Links 1/12/2019: KDE's GTK CSD Support, Skrooge 2.21.0

    Links for the day


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

Recent Posts