Bonum Certa Men Certa

Open Invention Network (OIN) Gets New Leadership, Other Software Patents News

One particularly quiet head-change has gone almost unnoticed. As it turns out, Jerry Rosenthal stepped out of OIN and got replaced by Keith Bergelt.

Keith Bergelt, who made his name first with Motorola and subsequently as a pioneer in the world of IP finance at IP Innovations and then at Paradox Capital, has become the CEO of the Open Innovation Network (OIN). This is the company founded by IBM, Novell, Red Hat, Philips and Sony, that acquires intellectual property rights and then licenses them out royalty free to organisations that agree not to assert their own patents against either Linux or Linux-based applications. While at Paradox, Bergelt helped arrange several significant transactions, including deals around the purchase of Betsey Johnson by Castanea Partners. The last I heard was that Jerry Rosenthal, the former VP of IP and licensing at IBM, was CEO of OIN, so presumably he has either left the organisation or moved to another post. As yet there is no official announcement from the organisation on its website announcing Bergelt’s arrival or what Rosenthal will now be doing.


Bergelt himself has already responded to this piece, which is appended as a clarifying update that shed more light:

So, my assuming the role of CEO of OIN (as I have recast it - the guardian of Linux responsible for enabling, influencing and defending the integrity of the Linux ecosystem) ties in all of my past experience and gives me a platform to continue to be an innovator but have a far more profound positive impact on the IP world and, more importantly, on the global macro-economy. I essentially manage a fund for some of the largest and most influential players in global technology - IBM, NEC, Sony, RedHat, Novell, & Philips - whose purpose is to enable the Linux ecosystem and shield it from patent attacks by patent trolls and others whose business models might be antithetical to true innovation and, by their nature, are opposed to truly facilitating work through rapid advancements in IT and communications technologies and applications.


Other giants in OIN include Oracle and Google, both being relatively recent additions. Sun's CEO promised to protect Linux as well, but in a separate context. Novell's role and membership there is a little strange because its deal with Microsoft beats the purpose of defense from Microsoft, a self-confessed hater of Linux and the GPL. It's important to add that Microsoft's little 'spinoffs' -- which may or many not include Acacia [1, 2, 3, 4, 5, 6, 7, 8, 9, 10], along with its software patent assault on Novell -- come to mind as proof of the weaknesses of OIN. These shortcomings are not going away.

“It makes Novell a black sheep inside OIN and it's a similar position to that of Novell in the FSF, ODF, the Linux Foundation and maybe even the EFF.”Moreover, some people reckon Microsoft will get closer to Novell over the years and maybe even devour it (along with SUSE). OpenSUSE already helps Novell in the development of a distro whose purpose is to replace all those 'naughty' Linux distributions such as Red Flag, Ubuntu and Fedora [1, 2, 3, 4], which 'dare' to refuse Microsoft's 'intellectual' ownership of them. It makes Novell a black sheep inside OIN and it's a similar position to that of Novell in the FSF, ODF, the Linux Foundation and maybe even the EFF. Why do they entertain a Microsoft partner?

Renewed Attempts to Squeeze Software Patents Into the EU



The American administration has been largely apathetic when it come to a needed patent reform. It recently put it on the ice. It just let industry giants essentially take the law into their own hands and abolish a 'rebellion' against intellectual monopolies. The US Government is suppressive to change, to correction through necessary readjustment. More worrying, however, is this unconfirmed report about a big industry lobby which is trying to force an unhealthy unification. It brings with it a broken system and blends it with a healthier one. Monopolisation through contamination, anyone?

The big industry, gathered inside a club named Trans Antlantic Business Dialogue, is lobbying the European Commission (McCreevy and Verheugen) and the American Department of Commerce (Carlos M. Gutierrez) to sign a bilateral treaty on harmonisation of patent law between the developed countries, which will probably not include the european exclusion of computer programs, thus provide a legal base to overhide the failure of the software patent directive in 2005.


Crêpe du Jour, Served by USPTO



Just watch what type of patent applications the USPTO accepts and approves.

U.S. Patent and Trademark Office has issued patent number 7,355,990 for "Mobile-Originated to HTTP Internet Communications." The patent describes a means for triggering an Internet informational query or search using a simple text message originated from a cell phone or mobile device, and is widely used today for two-way premium messaging services.


Worth noticing are the words "widely used today." Not "to be innovative tomorrow" or "promising to be valuable." Abusers of this dysfunctional system strive to get hold of an ownership certificate of something which already exists. It makes it a good weapon, or a candidate for extortion extraction.

China's Nuclear Threat is a Patent Cold War, Armageddon



The Economist has this new article which warns about almost one million lawsuits in China.

WESTERN firms are always complaining about the theft of intellectual property in China. From knock-off designs to copycat brand names, pirated music and fake drugs, China has a well-earned reputation as a free-for-all when it comes to patents and copyrights. Worse, there often seems little hope of redress: the courts are too distant and too incompetent; the laws are too weak or too vague; the culture is too resistant to the very idea of intellectual property. Yet help is at hand, in the form of Chinese firms with patents to defend.

Since 2003 the number of trademark applications has grown by 60%; the number of patents has nearly doubled (850,000 are now active) and the number of lawsuits about intellectual property has more than doubled (see chart). The government is encouraging the trend in many ways, including signalling to the press to cheer it on.

[...]

Unsurprisingly, the main beneficiaries of the sudden interest in intellectual property are Chinese lawyers. Some reportedly earn more than $5m a year. Non-Chinese law firms sometimes provide advice on thorny cases. But they are not allowed to file patents or appear in court on behalf of a client—a proprietary process that Chinese lawyers are keen to defend.


It has always been about the lawyers, but marketed in a way which obscures this, using words like "invention", "innovation", "inventor" (turning negatives to positives), "protection" and "risk" (selling using fear).

Recent Techrights' Posts

They're Very Jealous of Richard Stallman and His Freedom (or Simple Lifestyle)
Jealousy is toxic because it can cause rational people to act irrationally and even severely harm themselves
Akira Urushibata on GNU coreutils
new message
There's Nothing Funny About Lawbreaking
There's plenty of room in society for humour, but "hacking" the state by breaking laws isn't cool or hip
 
Links 27/05/2025: Science Defunded, India Arrests an Academic
Links for the day
Gemini Links 27/05/2025: From Celsius to Fahrenheit and Deleting Social Control Media
Links for the day
Microsofters Have, in Effect, Attempted Extrajudicial Action Against Us
Courts and Judges (or Masters) don't exist to facilitate this kind of "bro" culture
UK High Court Masters Are Not Your Jesters, Microsoft
Judges aren't there for "funny" spectacles, they're there to act as arbiters in critical cases, not SLAPPs
Links 27/05/2025: Mass Layoffs at Volvo and More Evidence of 'AI' (Slop) Being a Passing Fad
Links for the day
The Code of Conduct (CoC) Gaslighting Phenomenon
There are still many people and projects foolish enough to outsource their labour to Microsoft via GitHub
Anouk Rozestraten (Deputy Director) Appears to Have Left the Free Software Foundation
Let's hope Rozestraten is still using and promoting Free software
More Mass Layoffs Coming Soon to Microsoft, Just a Question of When and How Many
Numbers from Washington were close to 5% and judging by prior rumours, it would be 5% + 5% (total 10%) at a later month
Links 27/05/2025: Bikes, Ideal Computers, and BYO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 26, 2025
IRC logs for Monday, May 26, 2025
Richard Stallman's Milan Talk (Public Presentation) Was Packed, Video Available Soon
Looks like they even ran out of seats
Gemini Links 26/05/2025: Intangible Stuff and Slop Issues
Links for the day
The Openwashing Shills Initiative (OSI) - Part I: Complaints to IRS or USDOJ Needed
If enough people do it, this will be more effective, more so if people who are based in the US do it
Open Source Initiative (OSI) Lobbying and the OSI's Status at Stake
At the end we plan to summarise all the issues in one very long article
Breaking Into Other People's Devices Without Authorisation Isn't "Funny" or "Research"
“Chaos was the law of nature; order was the dream of man.”
The Issue Isn't the Internet, the Issue is How People Are Taught to Use or Misuse It
The Web is circling down the drain. The Internet is not.
A Healed Reputation of a Movement's Leader and His Robust Message
The more aggressively you push against resistors, the more credibility they will gain
Links 26/05/2025: Deletions from Microsoft's GitHub, Telegram Blocked in Vietnam
Links for the day
Linux Released Last Night and There's Already LLM Slop With Slop Images
BetaNoise does not seem to mind this anymore
Links 26/05/2025: Walmart Layoffs and DRM Dumpster Fire ('Old' Fire TV Devices Lose Netflix Access)
Links for the day
Gemini Links 26/05/2025: USB Camera Viewer and Fantasy Life
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 25, 2025
IRC logs for Sunday, May 25, 2025
Links 25/05/2025: 15 Years of UK Legal Aid Applicant Data Grabbed and 2 Billion Discord Messages Leaked Online
Links for the day
Gemini Links 25/05/2025: Farming and OpenBSD 7.7 on Acer Aspire ES 15
Links for the day
Fighting for Freedom is Much Better Than Fighting for Money
If life is about accumulation of money, then people will be "busy making money" till they die prematurely (with nothing to do with this money)
The Microsoft SLAPP Dossiers
A rather likely outcome is, they'll lose their licence to operate
Links 25/05/2025: Harvard’s Troubles and New Openwashing Examples
Links for the day
Gemini Links 25/05/2025: Whales and Battery Replacement
Links for the day
Links 25/05/2025: Climate Action Ridiculed and "Tesla Executive Admits That Self-Driving Is Going Nowhere Fast"
Links for the day
The Next Two Phases of Our Open Source Initiative (OSI) Series
Whatever people used to think about the OSI is no longer applicable and its current acronym is a misleading misnomer
Richard Stallman Has Barely Changed
Collecting "estate" "assets"? That's not "success" in the eyes of Dr. Stallman
Public Talk by Richard Stallman (RMS) Tomorrow
Still advertised
Gemini Links 25/05/2025: Konsole Layout Changes and Capitulation to Surveillance World
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 24, 2025
IRC logs for Saturday, May 24, 2025