Bonum Certa Men Certa

Groklaw Responds to FUD About OIN

Mad musician



Summary: Response to the noise made by a "campaigner" for hire, who tries to characterise the pro-Linux OIN -- not Microsoft/Apple/SCO -- as an 'evil empire'

TECHRIGHTS is an OIN sceptic, but the apparent Microsoft lobbyist mentioned in the previous post (Florian Müller) went too far by discounting OIN success stories [1, 2, 3, 4, 5, 6] and piggybacking ZDNet to label OIN "a scam". Over at Groklaw, Pamela Jones responded to Müller's FUD without naming him. She linked to this recent talk last week.



Recently significant capital has been invested in patent speculation and for the last eighteen months, Congress has been discussing patent reform. Hedge funds in need of generating quick returns in this challenging market are seeking investments in patent trolls. At the same time, corporate entities have built large patent portfolios. The resulting patent arms race is fueled by the existence of poor quality patents. This is partially due to the fact that insufficient prior art was identified to enable rejection of poor quality patents by the USPTO. Any changes made to the current laws are likely to be suboptimal without participation from the open source community in reforming the patent system. Keith Bergelt, CEO of OIN, will share his insights into the build-up and ramifications of the patent arms race for open source and discuss market-based patent reform solutions, to help ensure that we will keep open source open.


"Keith Bergelt of Open Invention Network also spoke at LinuxCon 2010," wrote Jones. "His slides are downloadable as a PDF from the linked page. Notice slides 12-15, because it will show you what you can do to help, particularly with regard to codifying prior art and regarding defensive publication. As he points out, we have to deal with the past, regardless of the future of software patents, and of course the present. [...] If you have *any* doubts about why Open Invention Network matters, and the kinds of things the organization has done to protect Linux, I suggest you listen the introduction to his speech last year at LinuxCon, and then listen to his speech. The theme is the attempt that year by Microsoft to auction off patents it believed relate on Linux to patent trolls."

Separately Jones advised: "don't let anyone persuade you that there is no purpose to OIN. If you have any patentable ideas, and you wish to help build up OIN's muscle, contact them." In relation to another article about patents, Jones concluded: "This is the place Keith Bergelt of OIN referenced in his talk last year at LinuxCon, and this is where defensive publications can be collected. This isn't a patent; it's a way to ensure no one else can patent something you've written about, because it's now prior art. This is one of the things that OIN will do with you, if you have a useful idea that could be patented but you hate patents and prefer not to do that."

“...don't let anyone persuade you that there is no purpose to OIN.”
      --Pamela Jones, Groklaw
To summarise Techrights' position, we are adamant about ending software patents. OIN does not do this, but it provides a temporary fix, like some kind of plaster. Most of our posts about OIN are supportive of OIN, with some reservations. The same goes for Peer-to-Patent.

In the mean time, Red Hat's Wildeboer identifies three more patents [1, 2, 3] which he claims to be a threat to the World Wide Web. It's an important issue we mentioned some hours ago. "Is this a patent on cookies," he asks. "If yes, it might become a royal PITA for the web [...] And in that same case we have very broad e-commerce patents" (Wildeboer speaks for himself here, not for Red Hat, which is an OIN member).

In conclusion, let's not attack OIN. Scepticism is healthy, but what Müller has been doing is destructive. Even the FFII disagrees with him, both the decisions and the methods (after inheriting his campaign!). It's not the same person from 2005. Something apparently changed. ⬆

Comments

Recent Techrights' Posts

IBM Firings (or Silent Layoffs) After Bluewashing; "IBM’s Employment History is More Troubling Than its Patriotic Marketing Suggests"
"It has zip to do with race but everything to do with the greed of the 1% who have been doing all they can to destroy the middle class..."
“Week van de Werkstress” and Work-Related Stress at the EPO, Where Staff is Bullied Into Granting Illegal Patents for Foreign Monopolists
"poor working environments, including discrimination and inequality, excessive workloads, low job control and job insecurity pose a risk to mental health"
Czech Republic: GNU/Linux Rises Above 5% in Desktops and Laptops
A year ago it was somewhere around 4%
 
Links 08/11/2026: Why Vikings Stayed in Iceland and "TikTok Accused Of Promoting Sex Industry To Young Girls"
Links for the day
Gemini Links 08/11/2026: "Before Sunrise" and LLM Scrapers Versus Self-Hosting (or Web in General)
Links for the day
Intercontinental Brigading - Part XXXXIII - Weaponising Cops in Another Continent (Europe), Knowing They Cannot Come to Your Home in America, While Threatening Women
This year it culminated in death threats
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 07, 2026
IRC logs for Saturday, November 07, 2026
The Decade Ahead, a Decade of Suppressed Stories
Our stories aren't discouraged or considered taboo because of racism or "toxic politics" or anything like that; they just hurt powerful people and corporations
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part V - "Reports Closed Without the Evidence Being Examined."
Totally what the SRA did regarding Brett Wilson LLP
Gemini Links 07/11/2026: Illusion Garden and Lagrange 2
Links for the day
Complexity is the Tyrant's Friend
Slop is for feeble minds and cheaters
EPO's Local Staff Committee The Hague Says Almost or About a Third of Staff Assembled to Organise at "a Time of Continued Social Unrest"
They speak of "circa 850 staff members in attendance" (in The Netherlands there are about a couple thousand)
Suggestions That XBox Will be Offloaded by Microsoft, Rather Than Shut Down, Make the False Assumption XBox is Profitable (It's Not, It's a Liability)
Microsoft has serious financial troubles
Which "Smart" "Phone", Which "Social" "Media", and Which "Cloud" "Storage"?
Let's take back control of the language
State of the (Linux) Slop, Late 2026 Edition
Google News (Gulag Noise) is a plagiarism booster
Year 21
It's 5PM here
Links 07/11/2026: "Flock Cameras Got Eviscerated by the Midterms" and Joshua Wong Shows China is Highly Repressive and Fully Controls Hong Kong
Links for the day
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day