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

Science and Academia Under Attack, Imposters Inheriting or Aggressively Seizing the Top Roles
Academia has turned into a bad place
 
Dr. Richard M. Stallman (RMS) on How to Make People Care About Free Software and Why Prohibiting Proprietary Software Would Not Work
"maybe a similar general approach could work with non-Free software as a way of discouraging it from being a successful business."
Please Quit Uploading Event Talks (Especially of Free Software) to YouTube
This is enshittification
Links 16/09/2024: Shrinking Economy, Climate Issues, Soaring Energy Costs
Links for the day
'Former' Microsofter Jason Perlow Left Linux Foundation
The "communication" people from the Linux Foundation are basically scammers
MyGem Launched to Make Adoption of Gemini Protocol (With Gemini Hosting) a Lot Easier
a new week and also a new capsule
Disregard for History is Disregard for (Computer) Science
They're killing the real entrepreneurs and innovators
Dr. Richard M. Stallman (RMS) on His Hobbies and Health
Answering a question from the audience in Germany
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 15, 2024
IRC logs for Sunday, September 15, 2024
Gemini Links 16/09/2024: billsmugs.com Becomes rainywhile.net, Zaurus on Internet
Links for the day
[Meme] Wrong Priorities at Universities
Because what matters isn't expertise
Microsoft and the Sunk Cost Fallacy
"Microsoft aims for the sunk cost fallacy"
Turning Away Unwanted and/or Predatory Bots
If no human will ever read it, what's the point serving?
Links 15/09/2024: Complicated Music Licensing Schemes and Dangers of Sleep Deprivation
Links for the day
Links 15/09/2024: Sci-fi London 2024 and Outsourcing to Proton Mail
Links for the day
Links 15/09/2024: French Teachers Quit in Droves, Why 'eSports' are Not Sports
Links for the day
[Meme] Red Hat Staff Must Learn IBM's Dark History (IBM Still Boosts Donald Trump, So No Lessons Learned)
This isn't a subject for humour
Don't Fall for Reputation Laundering and Whitewashing
Remember history, don't pay attention to PR and charm offensives
[Meme] Microsoft as a Joke That Writes Itself
"Microsoft confesses its recent security updates…broke Windows 10 security patches"
GNU Turns 41 in Just 12 Days
Can truth and science be resuscitated, please?
[Meme] Large Language Models (LLMs) Destroy the Web With an Ocean of Disinformation and Misinformation, Falsely Promoted as "Intelligence" by Microsoft et al
"Microsoft bribes the media to say 'Microsoft loves Linux'"
Dr. Richard M. Stallman (RMS) Asks People to Stop Calling Large Language Models (LLMs) "Artificial Intelligence" (AI)
"I think that the first step is stop calling them AI"
Even Microsoft Boosters Think XBox is Doomed
"Reports Say Morale At Xbox Is “Very Low”"... a Microsoft booster cited by them
Dr. Richard M. Stallman (RMS): "There are still people who make it their business to try to stop me from getting invited to speak, and it's a slow process working back from that"
From the talk he gave last month
Very Few Invidious Instances Still Work (for Video Playback)
Google has sabotaged Invidious
Sites Writing Fake News About Linux Using LLMs (Microsoft Hype That Promotes Misinformation)
RMS recently called these "bullshit machines"
Gemini Links 15/09/2024: MINIbase and Pocket Reform Experience
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 14, 2024
IRC logs for Saturday, September 14, 2024
[Meme] The Prosecutor and Prosecuted, the Community and Businessmen (Red Hat)
"Social justice is not a corporate slogan or identity politics"
Pushing Nonsense Using the Brand "Linux"
the trademark "Linux" might already lack potency
In China, statCounter Seeing Windows Vista 11 as Falling 2.5% This Month Relative to Other Versions of Windows (Vista 7 Grows Its Gap Over "11")
Vista 7 is bigger!
Dr. Richard M. Stallman (RMS) Explains Why So-called 'Cryptocurrencies' Suck and Why GNU Taler is Better
"I've never used cryptocurrency. There were things I found disappointing and worrisome..."
Links 14/09/2024: Verizon's 5,000 Layoffs and China's 'Runaway' Pension Age
Links for the day
Gemini Links 14/09/2024: Comparing Costs and Being "Tamed"
Links for the day
Wine Took the Bait (Mono), Soon Starts the Microsoft Circus With the Banhammer
large companies are exercising more control over the thing/s they claim to "donate" to
Links 14/09/2024: Science, War, and Politics
Links for the day
Transcript (and Correction) of Dirk Hohndel's Interview With Linus Torvalds in 2014
A lot of things have deteriorated since then
Microsoft Asia President Ahmed Mazhari Leaves the Company
Even everything they say about Mazhari is just "prepared" quotes from Microsoft itself
This is Not a Sustainable Way to Run Microsoft
This is a downward spiral
Contrary to What Microsoft Claims, Teams Were Cut Yesterday, XBox Sales Have Collapsed, Layoffs Announced at 3AM (in the Morning)
There is actually a lot of media coverage about this, unlike prior waves of layoffs at Microsoft
Last Month Dr. Richard M. Stallman (RMS) Explained Why You Should Delete GitHub
RMS explained why
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 13, 2024
IRC logs for Friday, September 13, 2024
Gemini Links 14/09/2024: LoRa, ROOPHLOCH, and Crafting a Programming Language
Links for the day