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

06.22.10

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

Posted in Europe, IBM, Law, Microsoft, Patents, Ubuntu at 3:57 pm by Dr. Roy Schestowitz

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

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

What Else is New


  1. Links 24/2/2017: Ubuntu 17.04 Beta, OpenBSD Foundation Nets $573,000 in Donations

    Links for the day



  2. IAM, Greased up by the EPO, Continues Lobbying by Shaming Tactics for the UPC, Under the Guise of 'News'

    The shrill and well-paid writers of IAM are still at it, promoting the Unitary Patent (UPC) at every opportunity and every turn



  3. Patent Scope Gone Awry: European Vegetable Patents Office?

    In its misguided race to raise so-called 'production', the EPO lost sight of its original goals and now facilitates patent royalty payments/taxation for naturally-recurring items of nature



  4. Yes, There is Definitely Brain Drain (Experience Deficit) at the European Patent Office and Stakeholders Feel It

    The direction that the European Patent Office has taken under Battistelli undoes many decades (almost half a century) of reputation-building and progress and naturally this repels existing staff, not to mention hampers recruitment efforts



  5. The Sickness of the EPO – Part IV: Cruel Management That Deliberately Attacks the Sick and the Weak

    The dysphoric reality at the European Patent Office, which is becoming like a large cell (with bolted-down windows) where people are controlled by fear and scapegoats are selected to perpetuate this atmosphere of terror and maintain demand (or workload) for the Investigative Stasi



  6. Links 23/2/2017: Qt 5.9 Alpha, First SHA1 Collision

    Links for the day



  7. UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

    Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC



  8. The Sickness of the EPO – Part III: Invalidity and Suicides

    An explanation of what drives a lot of EPO veterans to depression and sometimes even suicide



  9. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  10. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  11. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  12. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day



  13. French Politician Richard Yung Tells the Government About Abuses at the European Patent Office (EPO)

    The subject of EPO scandals has once again landed in French politics, just a couple of months since it last happened



  14. The Sickness of the EPO – Part II: Background Information and Insights

    With a privatised, in-house (sometimes outsourced and for-profit) force for surveillance, policing, justice, public relations and now medical assessment (mere vassals or marionettes of the management) the EPO serves to show that it has become indistinguishable from North Korea, where the Supreme Leader gets to control every single aspect (absolutely no separation of powers)



  15. EPO Cartoon/Caricature by KrewinkelKrijst

    A new rendition by Dutch cartoonist and illustrator KrewinkelKrijst



  16. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  17. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  18. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  19. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  20. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  21. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  22. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  23. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  24. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  25. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  26. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  27. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  28. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  29. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  30. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)


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