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

IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
 
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026