08.15.18

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Open Invention Network (OIN) Member Companies Need to Become Unanimous in Opposition to Software Patents

Posted in Law, OIN, Patents at 3:31 am by Dr. Roy Schestowitz

OIN still going with the flow of millionaires and billionaires who fund it, not Free/libre software developers

Opposition

Summary: Opposition to abstract software patents, which even the SCOTUS and the Federal Circuit nowadays reject, would be strategically smart for OIN; but instead it issues a statement in support of a GPL compliance initiative

THE USPTO is still granting software patents, never mind if courts continue and persist in rejecting these. OIN still generally supports software patents, albeit shyly. It doesn’t talk about that ‘too’ much. Just look at the member companies of OIN, especially founding members; some of these companies actively pursue their own software patents and IBM is blackmailing companies with these.

“OIN still generally supports software patents, albeit shyly.”Yesterday OIN issued this press release [1, 2] under the title “Open Invention Network Member Companies Unanimous in Support of GPL Cooperation Commitment” and what’s odd about it is that they talk about software licences rather than patent licences. The GPL is dealing with copyright (mostly), albeit GPLv3 indirectly deals with patents too. So it’s interesting that OIN now talks about the GPL rather than patent policy. From the opening paragraph:

Open Invention Network (OIN), the largest patent non-aggression community in history, announced today that its eight funding members – Google, IBM, Red Hat, SUSE, Sony, NEC, Philips, Toyota – have committed to rejecting abusive tactics in the enforcement of open source licenses by adopting the GPL Cooperation Commitment. The unanimous support of OIN’s funding members to this commitment reflects the strong belief that responsible compliance in open source licensing is important and that license enforcement in open source ecosystems comes with a cultural expectation that all parties will behave reasonably. OIN encourages each one of its over 2,500 licensees, as well as all participants in the open source community, to follow the example of the OIN funding members and adopt the GPL Cooperation Commitment.

Well, if you support GPL, dear OIN leadership, you will also push for abolishing software patents. As things stand at the moment, serial GPL infringer Microsoft uses software patents against OIN members. This malicious company is still pursuing such patents — abstract patents with which it is blackmailing companies. To give an example from yesterday’s news, Microsoft now uses/rides the “blockchain” hype [1, 2] to patent software. “To this end,” said one article, “Microsoft filed two patents with the U.S. Patent and Trademark Office back in June last year. The report came to light Thursday via a report published by the Office. [...] A trusted execution environment could also be very crucial in the verification of blockchain transactions on a common network or platform. This is especially reliable in the environment where the various pre-authorized transactions must interact.”

“Maybe if OIN bothered putting its weight behind the movement to abolish such patents, there would be better legal certainty/security for “Open” things (OIN stands for “Open Invention Network” after all, so surely it should care).”This is so obviously software and our next post will deal with examiners failing to reject these sorts of patents. Maybe if OIN bothered putting its weight behind the movement to abolish such patents, there would be better legal certainty/security for “Open” things (OIN stands for “Open Invention Network” after all, so surely it should care).

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