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

05.14.17

OIN is Still a Distraction Unless We Want GNU/Linux to Coexist With Software Patents (Rather Than Eliminate Those)

Posted in Free/Libre Software, GNU/Linux, IBM, OIN, Patents at 2:50 am by Dr. Roy Schestowitz

Open Invention Network (OIN): the ‘solution’ of companies that love (to exploit) GNU/Linux and also love software patents

Animals

Summary: Another wave of media coverage by/for the Open Invention Network (OIN) necessitates a reminder of what OIN stands for and why it is not tackling the biggest problems which Free/Open Source software (FOSS) faces

THE notion that OIN can “protect” GNU/Linux from software patents may be a convenient one, but OIN never opposed software patents and it rarely offered any substantiative protection. With the USPTO de-emphasising patents on software (in no way owing to OIN) we might find some reprieve. With PTAB eliminating many such patents (already granted by the USPTO) we might feel safer.

“OIN is, in our assessment, somewhat of a distraction.”The latest OIN PR, however, has managed to entice at least a couple of GNU/Linux-centric writers. OIN is, in our assessment, somewhat of a distraction. It’s not at all useful against patent trolls and it never opposes software patents. It’s actually supportive of FOSS and software patents at same time, as contradictory as that concept can be (FOSS and software patents are inherently incompatible). SJVN wrote ‘for’ OIN that “everyone and their uncle — yes, even Microsoft– use Linux and open-source. A decade ago, Linux was under attack by SCO for imaginary copyright violations, and then Microsoft CEO Steve Ballmer was claiming that Linux violated more than 200 of Microsoft’s patents. So Open Invention Network (OIN) patent consortium was formed to defend Linux against intellectual property (IP) attacks. The stakes may not be so high today, but Linux and open-source software is still under attack from patent trolls and other attackers. That’s where the Open Invention Network (OIN) steps up by expanding its patent non-aggression coverage through an update to its definition of the Linux System.”

Well, notice that they never even mention GNU. It’s not a coincidence, it’s intentional. They certainly know all about GNU, but the brand “Linux” represents a friendlier (to them) philosophy. Published around the same time by Christine Hall was the following article, suggestive of a media outreach by OIN. It says: [via]

On Thursday, the Linux System got a lot larger. This is good news, and means that anyone using Linux and other other software often used with it, can sleep better nights, knowing that the Open Invention Network (OIN) is now watching their back on the patent front more than ever.

That’s what OIN does. It seeks to protect enterprise Linux and open source users against patent infringement claims, which is seen as open source’s greatest intellectual property vulnerability. It does so primarily with an ever growing portfolio of patents it offers to license free-of-charge to any person or organization that agrees to not enforce its own patents against core components of Linux and other key open source projects, which it calls the “Linux System.” It’s a carrot and stick approach, using a lot of carrot and going easy with the stick.

OIN is well-meaning (in its own mind), but it won’t tackle software patents and patent trolls that use them. As Benjamin Henrion put it, it’s “useless against trolls. But that’s not in the PR.” (press release).

“It claims to be trying to thwart sales of patents that would later be used to sue GNU/Linux vendors, but rarely have we seen a real example of that (they claimed this only once, more than half a decade ago).”We, ourselves, stopped engaging with OIN. It proved to be a waste of time, especially when we spent a long time communicating online with patent trolls who had approached us, then trying to get OIN involved (it was toothless and uninterested).

Right now, just to use a new example, the Microsoft-connected Acacia (Microsoft connections and history of suing GNU/Linux vendors) gets mentioned for former executives netting ZTE patents. “ZTE [is] revealed as vendor of Chinese patents sold to NPE set up by ex-Acacia executives,” says the headline and here is the relevant part from IAM (trolls’ proponent):

Longhorn – founded last year by former Acacia Research executives Christian Dubuc and Khaled Fekih-Romdhane – announced back in February that its Ox Mobile subsidiary had acquired “assets related to 4G/LTE with worldwide coverage, as well as Chinese assets related to smartphone implementation” from an unnamed Chinese company.

What could OIN possibly do here? Nothing. It claims to be trying to thwart sales of patents that would later be used to sue GNU/Linux vendors, but rarely have we seen a real example of that (they claimed this only once, more than half a decade ago). OIN can, at times, look like a placebo. It gives an illusion of safety and thus false comfort.

“It’s the ‘solution’ as envisioned by companies like IBM, which (as we shall show later today) spearhead a big push for software patents everywhere.”To clarify, OIN are not the “bad guys”; far from it…

OIN just isn’t the solution to our problems. It’s the ‘solution’ as envisioned by companies like IBM, which (as we shall show later today) spearhead a big push for software patents everywhere. If OIN took some concrete action, e.g. submitting an amicus brief against software patents or sending a letter against IBM’s latest plot — a ludicrous concept as OIN virtually came from IBM — we would possibly change our minds and reconsider this position.

Having just visited the front page of OIN’s Web site, it now seems abundantly clear that they collaborate with IAM (even pay IAM), proponents of software patents, patent trolls, and patent maximalism. If OIN tries to make itself look even worse, then it’s certainly doing a fine job.

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. Patent Strengthening Would Necessarily Mean Lowering the Number of Patents Granted After Alice/35 U.S.C. § 101

    The concept of patent strength is being distorted in all sorts of ways and acronyms like IPR still being used not to describe the process by which bad patents get eliminated but to spread propaganda like 'intellectual' 'property' 'rights'



  2. Watchtroll's Reaffirmed Hatred Towards Science and Technology, Shattering the Myth About Patent Law Firms Trying to 'Help' Innovation

    The anti-technology rhetoric (what they call derogatorily "Big Tech") of patent maximalists is ruining their old narrative which goes something along the lines of helping inventors



  3. Nearly Half of Patent Applications at the EPO Are (at Least Partly) Software Patents, According to the EPO, and Not Many Patents Are European (Foreign, Not Domestic)

    With lack of care for examiners, for European businesses and for science in general the EPO carries on unabated; its agenda seems to be steered by Team UPC, which is looking to profit from lots of foreign lawsuits across Europe (relying on low-quality patents that wouldn't pass muster in national courts)



  4. Patent Factory Europe (PFE) is a Patent Troll's Publicity Stunt, Attempting to Frame a Predator as the Small Businesses' Friend and Ally

    Patent troll "France Brevets" with its tarnished name (it's the shame of France, a major source of shame other than Battistelli) has decided to do a charm offensive which characterises it as a friend of small firms (SMEs)



  5. Alice, Which Turns Four, Has Saved Billions of Dollars Previously Wasted on 'Protection' Money (Notably Patent Trolls)

    Alice has turned 4 (just five days ago) and software patents have never looked weaker (close to impossible to enforce in high courts in the United States), lowering the incentive to pursue such patents in the first place



  6. Links 23/6/2018: Kodi 18 Alpha 2, Peppermint 9, Wine 3.11

    Links for the day



  7. Somewhat Underwhelming Reception for US Patent Number 10,000,000 (Which Actually Isn't)

    While US patent number 10,000,000 did, in fact, get issued (several days ago) there are un-ignorable reminders that a lot more patents exist and the high number says more about neglected quality than actual, objective success



  8. The United States' Supreme Court Takes the Side of Patent Maximalists, for a Change

    WesternGeco LLC v. ION Geophysical Corp. reaches its conclusion; while it has zero effect on patent scope, it does serve to show that the US Supreme Court (SCOTUS) isn’t inherently biased against patents in general



  9. Mainstream Media in Germany Covers Battistelli's Corruption at the EPO Just as He Leaves

    Mainstream German media writes about Battistelli's scandals that nobody seems eager or wishes to discuss, let alone bring up; law-centric German media covers the now-famous open letter from German law firms (Grünecker, Hoffmann Eitle, Maiwald, and Vossius & Partner)



  10. Links 22/6/2018: PulseAudio 12.0, Krita 4.1 Beta, LabPlot 2.5, Git 2.18.0

    Links for the day



  11. “Dr Ernst Should be Forced by National Politicians to Step Down With Immediate Effect” After Battistelli's Latest EPO Scandals

    Further discussions about the horrible legacy of Battistelli and his protectors, who seem to be interested in a patent trolls-friendly patent system which devalues workers and consciously lowers the patent bar (at all costs, even violation of laws and constitutions)



  12. Links 21/6/2018: Microsoft's 'Damage Control' Amid Role in ICE Scandals, 11-Hour Azure Downtime (Again), GNOME 3.29.3, and More GNU/Linux Wins

    Links for the day



  13. Battistelli and Topić Lose Their Bogus 'Case' Against Judge Corcoran After They Defamed Him and Ruined His Career/Life

    The SLAPP action against Judge Patrick Corcoran, who has so far won all cases involving the EPO, is finally dismissed in Germany; what remains is an ugly legacy at the EPO, wherein everyone bold enough to say something about corruption at the top is having his or her life — not just career — destroyed



  14. Even Media of the Patent Microcosm Mentions the Decline in Quality of Patents at the EPO, Based on Its Very Own Stakeholders, While IAM Ignores the News

    The whole world basically accepts, based on patent examiners as well as those whom they interact with (patent agents), that patent quality at the EPO has sunk; but the EPO and IAM continue to vigorously deny that as it threatens some people's nefarious agenda



  15. Links 20/6/2018: Qt 5.11.1, Oracle Solaris 11.3 SRU 33, HHVM 3.27.0, Microsoft Helping ICE

    Links for the day



  16. Patent Extremists Are Unable to Find Federal Circuit Cases That Help Them Mislead on Alice

    Patent extremists prefer talking about Mayo but not Alice when it comes to 35 U.S.C. § 101; Broadcom is meanwhile going on a 'fishing expedition', looking to profit from patents by calling for embargo through the ITC



  17. What Use Are 10 Million Patents That Are of Low Quality in a Patent Office Controlled by the Patent 'Industry'?

    The patent maximalists are celebrating overgranting; the USPTO, failing to heed the warning from patent courts, continues issuing far too many patents and a new paper from Mark Lemley and Robin Feldman offers a dose of sobering reality



  18. The Eastern District of Texas is Where Asian Companies/Patents/Trolls Still Go After TC Heartland

    Proxies of Longhorn IP and KAIST (Katana Silicon Technologies LLC and KAIST IP US LLC, respectively) roam Texas in pursuit of money of out nothing but patents and aggressive litigation; there's also a Microsoft connection



  19. EPO Insiders Correct the Record of Benoît Battistelli’s Tyranny and Abuse of Law: “Legal Harassment and Retaliation”

    Battistelli’s record, as per EPO-FLIER 37, is a lot worse than the Office cares to tell stakeholders, who are already complaining about decline in patent quality



  20. Articles About a Unitary Patent System Are Lies and Marketing From Law Firms With 'Lawsuits Lust'

    Team UPC has grown louder with its lobbying efforts this past week; the same lies are being repeated without much of a challenge and press ownership plays a role in that



  21. The Decline in Patent Quality at the EPO Causes Frivolous Lawsuits That Only Lawyers Profit From

    The European Patent Office (EPO) will continue granting low-quality European Patents under the leadership of the Battistelli-'nominated' Frenchman, António Campinos; this is bad news for science and technology as that quite likely means a lot more lawsuits without merit (which only lawyers profit from)



  22. What Battistelli's Workers Think of His Latest EPO Propaganda

    "Modernising the EPO" is what Battistelli calls a plethora of human rights abuses and corruption



  23. Links 19/6/2018: Total War: WARHAMMER II Confirmed for GNU/Linux, DragonFlyBSD 5.2.2 Released

    Links for the day



  24. More Media Reports About Decline in Quality of European Patents (Granted by the EPO)

    What the media is saying about the letter from Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner whilst EPO communications shift attention to shallow puff pieces about how wonderful Benoît Battistelli is



  25. Beware Team UPC's Biggest Two Lies About the Unitary Patent (UPC)

    Claims that a Unified Patent Court (UPC) will commence next year are nothing but a fantasy of the Liar in Chief, Benoît Battistelli, who keeps telling lies to French media (some of which he passes EPO money to, just like he passes EPO money to his other employer)



  26. Diversity at the EPO

    Two decades of EPO with 16-17 years under the control of French Presidents (and nowadays predominantly French management in general with Inventor Award held in France almost half the time) is "diversity at the EPO"



  27. Orrin Hatch, Sponsored the Most by the Pharmaceutical Industry, Tries to Make Its Patents Immune From Scrutiny (PTAB)

    Orrin Hatch is the latest example of laws being up for sale, i.e. companies can 'buy' politicians to act as their 'couriers' and pass laws for them, including laws pertaining to patents



  28. Links 17/6/2018: Linux 4.18 RC1 and Deepin 15.6 Released

    Links for the day



  29. To Keep the Patent System Alive and Going Practitioners Will Have to Accept Compromises on Scope Being Narrowed

    35 U.S.C. § 101 still squashes a lot of software patents, reducing confidence in US patents; the only way to correct this is to reduce patent filings and file fewer lawsuits, judging their merit in advance based on precedents from higher courts



  30. The Affairs of the USPTO Have Turned Into Somewhat of a Battle Against the Courts, Which Are Simply Applying the Law to Invalidate US Patents

    The struggle between law, public interest, and the Cult of Patents (which only ever celebrates more patents and lawsuits) as observed in the midst of recent events in the United States


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