Bonum Certa Men Certa

Framework for Legalising Software Patents in Europe Falls Over, So Why Does Canonical Join the OIN?

Berlin wall



Summary: Canonical, the EU-based company which produces the "Ubuntu" GNU/Linux distribution, joins the Open Invention Network just as the "EU patent" seemingly collapses

A few weeks ago we showed that the unified patent litigation system (UPLS) was failing to materialise. It's one of those back doors to software patents admission all across Europe. A new report from IAM hammers another nail into this coffin, but vigilance remains necessary because they keep renaming and/or dressing up this same plan which would help lawyers, not science.



A single EU patent looks dead in the water as member states seek alternatives



Attempts to create a single EU patent could be heading to yet another failure, according to Margot Fröhlinger, Director of Knowledge Economy inside the Internal Markets DG of the European Commission. Speaking today at the IP Business Congress in Munich, Fröhlinger, who is closely involved in the negotiations surrounding the patent, as well as a single litigation system in the EU, told delegates that the project "is not in the best shape". Proposals about languages and translations are due to be presented to the Council of Ministers next week. There is, however, "little chance that they will fly," she said.


Oddly enough, the UK-based Canonical has just joined the US-based Maginot Line as a member, supposedly for protection against racketeering [1, 2, 3, 4, 5, 6, 7] from Microsoft, MPEG-LA [1, 2], and other aggressors/trolls who will potentially use software patents. The official announcement (appended below in full) says:

Open Invention Network (OIN) today announced that Canonical, the company behind Ubuntu, has become its first Associate Member. Open Invention Network developed the Associate Member program to further strengthen the Linux community and empower open source leaders to ensure ongoing freedom of action for Linux as it relates to intellectual property (IP) rights..


It is not entirely clear how the OIN will help Canonical. It didn't exactly save the EU-based TomTom, which paid Microsoft after it got sued. Florian Müller got in touch with us to say that the "Open Invention Network, a patent holding firm owned by six companies (IBM, Sony, NEC, Philips, Red Hat, Novell) has announced a new "Associate Member" program and the fact that Canonical (the Ubuntu company) becomes the first Associate Member (previously, Canonical was a mere "licensee")." For those who do not know yet, Müller is an OIN sceptic. The same goes for the FFII and for Techrights, unlike Groklaw for example.

"The Canonical announcement once again shows the absolutely unacceptable degree of intransparency with which the Open Invention Network operates," Müller explains. "Both the press release and the OIN's website fail to specify what exactly the rights and obligations of OIN Associate Members -- as compared to mere licensees -- are. Also, there's no information concerning the criteria according to which a company is eligible to become an OIN Associate Member. Canonical is known for being a strategic partner of IBM, and since IBM is the most influential force behind the OIN, that's probably the reason why its membership status was upgraded.

“Canonical is known for being a strategic partner of IBM, and since IBM is the most influential force behind the OIN, that's probably the reason why its membership status was upgraded.”
      --Florian Müller
"The OIN can't claim to pursue the protection of the Linux ecosystem as long as its non-assertion commitment relates only to an arbitrary definition of what the OIN calls 'the Linux System', which includes some but not all of the major applications that are usually shipped with major Linux distributions. The OIN reserves the right to redefine 'the Linux System' and therefore the scope of its license agreement anytime at its sole discretion, which is intransparent and arbitrary and raises serious questions. It seems to me that the OIN is basically a strategic patent troll, a non-practicing entity owned by a small group of companies that can use it for its purposes against their competitors whenever they elect to do so, and the protection of Linux is just a pretext.

"Some of the OIN's backers have a terrible background concerning software patents, such as IBM, and I have had to lobby against most of those companies in the past because they tried to convince lawmakers in Europe to strengthen the legal position of software patents over here.

"I'm not aware of even one case in which the OIN's patent pool served the purpose of protecting Linux. Organizations close to the OIN try to suggest that it was the case, but there's absolutely no evidence because otherwise there would have had to be an announcement that a company trying to assert patents against Linux or other open source software backed off and instead obtained a license to the OIN's patents. Not even one such case is known. Instead, patent infringements by companies building products based on Linux happen all the time, and even very strong and competent organizations such as Amazon and HTC feel forced to pay patent royalties for their use of Linux. If the OIN were as useful as its backers claim, those companies, too, could have chosen to be protected by the OIN."

We omit the remainder of Müller's mail because it contains promotion of other schemes that we wish not to endorse. As Carlo Piana put it last month, "the *only* solution is abolition NOW."

We patiently wait for the Bilski decision to come. Here is what Patently-O has to say about it:

UPDATE: No decision today. The court will release opinions on Thursday (June 24) and again next Monday.


It will definitely be out by the end of the month [1, 2, 3, 4, 5, 6, 7], so either this week or next week we will know what milestone was achieved.




Open Invention Network Announces Associate Member Program and Recruits Canonical As Its First Associate Member



New Associate Member Program Strengthens Linux Community and Deepens OIN Impact in Support of Linux's Growth and Migration into Key Emerging Markets

Durham, NC (June 22, 2010) - Open Invention Network (OIN) today announced that Canonical, the company behind Ubuntu, has become its first Associate Member. Open Invention Network developed the Associate Member program to further strengthen the Linux community and empower open source leaders to ensure ongoing freedom of action for Linux as it relates to intellectual property (IP) rights.

"We view Open Invention Network as one of the key methods through which open source leaders and innovators can deter patent aggression,"
      --Canonical CEO Jane Silber
OIN Associate Members, such as Canonical, demonstrate support and commitment to limiting the effects of patent disputes in Linux. Canonical's activities and those of all companies seeking to adopt and use Linux will be facilitated as OIN works closely with Canonical and other companies that are supporting Linux's growth and expansion. Through the support of its founding members including IBM, NEC, Novell, Philips, Red Hat and Sony, OIN has amassed a broad portfolio of patents, including patents held by nominees on its behalf.

"Canonical has shown great leadership with Ubuntu and it is an important participant in the overall open source and Linux ecosystem. By transitioning its relationship with OIN from Licensee and becoming OIN's first Associate Member, Canonical is once again demonstrating its leadership and commitment to Linux," said Keith Bergelt, CEO of Open Invention Network. "We are extremely pleased to launch our Associate Member program and have Canonical join as our first member."

"We view Open Invention Network as one of the key methods through which open source leaders and innovators can deter patent aggression," said Jane Silber, CEO of Canonical. "We are committed to freedom of action in open source, and have noted OIN's efforts to actively defend and enable the Linux ecosystem. By becoming an OIN Associate Member, we are supporting the broad OIN mission and its commitment to enable and protect Linux's advancement."

About OIN Membership & Licensee Opportunities Open Invention Network has three levels of participation, each of which helps to promote open source as a modality for invention and ensure ongoing freedom of action for Linux community members:

● Founding Members - Open Invention Network comprises six forward-looking organizations that originally created OIN with a mission of enabling and protecting Linux as it relates to IP rights. OIN's Founding Members include IBM, NEC, Novell, Philips, Red Hat and Sony.

● Associate Members - Associate Members are recruited from Linux-related companies, including those that are leaders in advancing Linux's migration into emerging growth markets. Associate Members make a commitment to the Linux Community by virtue of their commitments to and membership in OIN and help to ensure that patent issues do not impair Linux's growth.

● Licensees - Any company or organization that agrees to refrain from using its intellectual property against the Linux System may become an OIN licensee. Licensees benefit from royalty-free access to a valuable and growing portfolio of strategic patents, as well as from ongoing communication with OIN concerning Linux-related patent issues. In so doing, licensees facilitate their access to OIN resources such as Linux Defenders, which is designed to address patent issues with the potential to impact Linux. OIN licensees, be they founding members, associate members or licensees, contribute to an ever expanding community of companies that share a common goal of ensuring freedom of action in and across the Linux ecosystem. Through their unified commitment to Linux, they limit the negative effect of patent-based challenges mounted by companies antagonistic to Linux and open source innovation.

###

About Canonical

Canonical provides engineering, online and professional services to Ubuntu partners and customers worldwide. As the company behind the Ubuntu project, Canonical is committed to the production and support of Ubuntu - an ever-popular and fast-growing open-source operating system. It aims to ensure that Ubuntu is available to every organisation and individual on servers, desktops, laptops and netbooks.

Canonical partners with computer hardware manufacturers to certify Ubuntu, provides migration, deployment, support and training services to businesses, and offers online services direct to end users. Canonical also builds and maintains collaborative, open-source development tools to ensure that organisations and individuals can participate fully in innovations within the open-source community. For more information, visit www.canonical.com.

About Open Invention Network€®

Open Invention Network is a collaborative enterprise that enables innovation in open source and an increasingly vibrant ecosystem around Linux. It does this by acquiring and licensing patents, influencing behaviors and policy and protecting the integrity of the ecosystem through strategic programs such as Linux Defenders. OIN enables the growth and continuation of open source software by fostering a healthy Linux ecosystem of investors, vendors, developers and users.

Open Invention Network has considerable industry backing. It was launched in 2005 by IBM, NEC, Novell, Philips, Red Hat and Sony. OIN has received supplemental financial support from Canonical. For more information, visit www.openinventionnetwork.com.

###

Open Invention Network, the Open Invention Network logo, Linux Defenders, Linux Defenders 911 and the Linux Defenders 911 logo are registered trademarks or the property of Open Invention Network, LLC. All other names and brand marks are the property of their respective holders.

Media-Only Contact:

For Open Invention Network: Ed Schauweker Ketchum for Open Invention Network ed.schauweker@ketchum.com 703-963-5238

For Canonical: Joe Eckert Baker Communications Group jeckert@bakercg.com 203-270-3711

Recent Techrights' Posts

Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
 
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025
Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
The corporate media intentionally disregards - or merely turns a blind eye to - such data
Rumour: IBM Layoffs in Canada Starting Tomorrow
"RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
Debunking False/Misleading Statements Made or Told to the High Court
People who try to cheat the system by gaslighting judges will end up discrediting themselves
Fear, Uncertainty, Doubt (FUD) by LLM Slop
The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
This Month's Analytics Show Vista 11 Down, GNU/Linux Up
After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
Almost Fully Caught Up
The EPO series will continue very soon, maybe tomorrow or on Tuesday
Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025