Bonum Certa Men Certa

President of the OSI Calls IBM, Microsoft and Other Companies Patent Trolls, Explains the Role of OIN

Simon Phipps



Summary: Useful analysis from Simon Phipps, who has turned more vocal in his opposition to software patents and those who promote them

Simon Phipps is a terrific leader. He is not self-censoring and over the years he has thrown some punches at companies which are hostile towards FOSS. He also built (or rebuilt) a relationship with the FSF, which helps reduce if not eliminate wasteful efforts such infighting and competitive advocacy; the OSI and FSF are now jointly submitting formal complaints against patent trolls. Phipps also spoke out repeatedly against patent trolls and patent aggressors -- something which many in the FOSS groups don't bother with. Here in Techrights, due to lack of time and resources, we have not focused so much on patents recently; so, here is something to make up for it.



Newegg is currently in the headlines because it gets sued a lot by trolls and it fights back. 30 infringement claims were made against Newegg in the past 8 years alone, based on Newegg's claims. To quote: "Newegg was founded "in the ashes of the Internet trough" in 2001, said Cheng. The first 10 employees worked in a warehouse about 20 miles outside Los Angeles. Newegg still owns the facility, called Warehouse 1, though the company's headquarters now resides in another warehouse in City of Industry.""

Newegg is not a massive giant like IBM, Apple, or Microsoft. It does not hoard patents and it is really suffering from patents, which are originally the game invented and played by the rich and the powerful. Also from Phipps (OSI President) there is this coverage of OIN, which was created by massive multi-nationals, including IBM. Phipps explains: "While many open source advocates remain rightly concerned about the chilling effect of software patents on both innovation and collaboration, open source software has additional defenses against patent aggression that aren't available to proprietary software. The Open Invention Network (OIN), a novel patent pool fighting for rather than against open source, plays an important role in these defenses."

But OIN is still not fighting to eliminate software patents. It's more of an interest group. As Phipps put it, "make sure the software you use is under one of these modern licenses; older licenses like BSD and MIT don't mention patents. Second, comply with the terms of the license -- easy enough for almost all open source licenses, especially compared with the labyrinthine complexity of commercial licenses and EULAs. As long as you comply with the terms of the license, you benefit from the protection it offers. Third, work in the open rather than making last-minute contributions. This is good practice anyway, but it adds protection too."

So in other words, OSI may be benign to Free/Open Source software players; for everyone else it's not of much use. Newegg gets nothing out of it.

In another new post from Phipps it is claims that Microsoft and IBM are just "big trolls" -- something he has said even back when he worked for Sun. "Rogue software patent trolls are the scourge of the tech industry. But the larger, better-dressed trolls don't get a pass either." Phipps writes.

To quote Phipps further: "The dirty secret IBM, Microsoft, and other self-proclaimed advocates of patent reform don't want you to know is that they are trolls, too. They have large and highly profitable business units using exactly the same tactics as the patent trolls they hate. The reason they hate the trolls is not because of what they do -- after all, IBM and Microsoft were the pioneers of treating patent portfolios as profit centers rather than cost centers. No, the reason they hate the trolls is because the trolls attack them with the weapons they themselves perfected."

We already explained how IBM and Microsoft helped abolish patent reform attempts. This ought to make people who think of IBM as a friend of FOSS reassess their position; it is definitely not the first time IBM does this. IBM's and Microsoft's friends at SUSE have this new release (funded in part by Microsoft and IBM), but we should remember to regard it as nothing but an attempt to tax GNU/Linux with patents. We hardly cover anything SUSE-related anymore (we ignore rather than fight), but the fact remains that people should boycott SUSE. It's about patents. ⬆

Recent Techrights' Posts

Microsoft Insiders on "Effectively Being Silently Laid Off From Microsoft"
People are laid off by the thousands without the media uttering a word or the companies confirming anything
Microsoft's XBox CEO Asha Sharma Tells Staff That Many Thousands of Layoffs Are in Fact "Return to Growth"
Get it? Layoffs are "growth".
Gemini Links 07/10/2026: Nostalgia, Neutral Map, and Shorthanding
Links for the day
 
The Register MS Helps Prove the "AI" Frenzy in the Media is Evidence of Compromised Media, Not Legitimate "Revolution"
Ignore the hype and carry on
London Became Synonymous With the Royal Courts of Justice
London used to be a place where we go on holiday/retreat/break; nowadays we have only one destination there
Brigading Against Women - Part XXIII - Extremism in the Mix and Getting the Police Involved
In 2012 I was getting heckled a lot for opposing back doors in Linux; it has not stopped since
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 07, 2026
IRC logs for Wednesday, October 07, 2026
Gemini Links 07/10/2026: On Feeling Guilty Leaving the US, Multinet, and Limiting Net Usage
Links for the day
The Cyber Show Explains the Concept of "Data Rape"
a metaphor some might find crude
FREE BEER is Still Online, But Barely Active
25 years ago or even 20 years ago many spoke of open/free beer (or "COLA")
Syria: GNU/Linux Has Surged to 8% "Market Share"
I don't have a convincing explanation for this
IBM Dimming Down the Lights on IBM Consulting, No Knowledge or Experience Required
They just "ride" the (old) brand, that's all
Statement on American SLAPP
Crossposted from schestowitz.com
Today The Register MS Published "SPONSORED FEATURE" and "SPONSORED POST" With "AI" 31 Times in Them
This isn't a "Reality" or "Era of AI", it's a paid-for spam campaign
Links 07/10/2026: Unrest in France and Rumours of Plague in Russia
Links for the day
Brigading Against Women - Part XXII - The Lozza Problem (in Length)
Garrett's case was a waste of the Court's money
JavaScript in Richard Stallman's Web Site
For search he is using CGI, not JavaScript
EPO's Local Staff Committee The Hague (LSCTH) Plans Presentation Next Week (Coinciding With Apparent Coronation of 'Cocaine King' Campinos)
They've outsourced this session to the dictator's spying eye
The GNOME Foundation's Code of Conduct Has Been Misused to Hide Corruption
People who value free speech and freedom of expression won't touch social control media with a 10-foot bargepole
Voting for Freedom of the Press
American elections happen every 4 years
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026
Microsoft Hiring Only on the Cheap
Much of the same can be said about GAFAM and IBM
Gemini Links 06/10/2026: Nightfall Express, Shorthanding, and Raspberry Pi Desktop Gets a Debian Trixie Refresh
Links for the day
20th Anniversary Next Month
We are currently trying to agree on a plan for next month's celebrations
Taking Photos With Richard Stallman (RMS)
What's the point?
GAFAM Attack on FreeDesktop
Now they push lots of LLM slop into Linux
EPO Union Bemoans Lack of Social Dialogue as Dictator Wishes to Govern Forever (No Elections, No Rivals), Hide the Many Issues
"Exchange of open letters"
GNU/Linux Has Risen in France Since the Order to Adopt GNU/Linux (in Public Services)
We can expect the same in countries like Denmark, Switzerland, Germany, and The Netherlands
On Microsoft Hiring Freeze or No Permanent Jobs at Microsoft Anymore (Amid Many Silent Layoffs)
Microsoft has changed what it can offer workers
IBM Cannot Hide the Layoffs Forever
we welcome whistleblower to tell us more and send us documents related to that
EPO's Central Staff Committee Asking The Council to Get Rid of Corrupt Campinos
We'll be covering EPO scandals around the time of that meeting
Gemini Links 06/10/2026: EU Kids Act, Practicality of Gemini, and Games
Links for the day
Links 06/10/2026: Data Breaches Epidemic and Turkey Blocking Journalists
Links for the day
The Whole Point of Computing is That Computers Are Deterministic (Speed With Predictable Accuracy)
Unlike stochastic parrots that stochastically utter out lies
It's Not a Linux Back Door If It's an Unpatched Device
"Linux Backdoor" is a glaring misfit, a possibly 'obscene' term
What is a Conditional Fee Agreement (CFA)? When Law Firms Become the Litigants.
And the Solicitors Regulation Authority (SRA) needs to be more serious about tackling this
Brigading Against Women - Part XX - Attempts by Lozza to Deplatform Techrights and Tux Machines Only Days After I Sued Garrett and My Wife Also Sued Garrett (Shortly Before the Serial Strangler From Microsoft Joined)
in 2024
Links 06/10/2026: A Year Since "NSA Whistleblower Reality Winner Released From Prison", World Tries to Deal With El Niño
Links for the day
"SIRIUS CORPORATION LIMITED" as Evidence of the Financial Shell Games in the UK
Rianne and I still have some fond memories of the time the ex-wife of the CEO treated us like human beings
Lots of Silent Layoffs at IBM Last Week, Employees Explain Patterns of Those Impacted
It wasn't just gossip, it actually happened even if the media chose to look the other way (as usual)
Gemini Links 06/10/2026: Fighting for Purpose, Gemlogs, and Gemtext
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 05, 2026
IRC logs for Monday, October 05, 2026