Bonum Certa Men Certa

Framework for Legalising Software Patents in Europe Falls Over, So Why Does Canonical Join the OIN?

Berlin wall



Summary: Canonical, the EU-based company which produces the "Ubuntu" GNU/Linux distribution, joins the Open Invention Network just as the "EU patent" seemingly collapses

A few weeks ago we showed that the unified patent litigation system (UPLS) was failing to materialise. It's one of those back doors to software patents admission all across Europe. A new report from IAM hammers another nail into this coffin, but vigilance remains necessary because they keep renaming and/or dressing up this same plan which would help lawyers, not science.



A single EU patent looks dead in the water as member states seek alternatives



Attempts to create a single EU patent could be heading to yet another failure, according to Margot Fröhlinger, Director of Knowledge Economy inside the Internal Markets DG of the European Commission. Speaking today at the IP Business Congress in Munich, Fröhlinger, who is closely involved in the negotiations surrounding the patent, as well as a single litigation system in the EU, told delegates that the project "is not in the best shape". Proposals about languages and translations are due to be presented to the Council of Ministers next week. There is, however, "little chance that they will fly," she said.


Oddly enough, the UK-based Canonical has just joined the US-based Maginot Line as a member, supposedly for protection against racketeering [1, 2, 3, 4, 5, 6, 7] from Microsoft, MPEG-LA [1, 2], and other aggressors/trolls who will potentially use software patents. The official announcement (appended below in full) says:

Open Invention Network (OIN) today announced that Canonical, the company behind Ubuntu, has become its first Associate Member. Open Invention Network developed the Associate Member program to further strengthen the Linux community and empower open source leaders to ensure ongoing freedom of action for Linux as it relates to intellectual property (IP) rights..


It is not entirely clear how the OIN will help Canonical. It didn't exactly save the EU-based TomTom, which paid Microsoft after it got sued. Florian Müller got in touch with us to say that the "Open Invention Network, a patent holding firm owned by six companies (IBM, Sony, NEC, Philips, Red Hat, Novell) has announced a new "Associate Member" program and the fact that Canonical (the Ubuntu company) becomes the first Associate Member (previously, Canonical was a mere "licensee")." For those who do not know yet, Müller is an OIN sceptic. The same goes for the FFII and for Techrights, unlike Groklaw for example.

"The Canonical announcement once again shows the absolutely unacceptable degree of intransparency with which the Open Invention Network operates," Müller explains. "Both the press release and the OIN's website fail to specify what exactly the rights and obligations of OIN Associate Members -- as compared to mere licensees -- are. Also, there's no information concerning the criteria according to which a company is eligible to become an OIN Associate Member. Canonical is known for being a strategic partner of IBM, and since IBM is the most influential force behind the OIN, that's probably the reason why its membership status was upgraded.

“Canonical is known for being a strategic partner of IBM, and since IBM is the most influential force behind the OIN, that's probably the reason why its membership status was upgraded.”
      --Florian Müller
"The OIN can't claim to pursue the protection of the Linux ecosystem as long as its non-assertion commitment relates only to an arbitrary definition of what the OIN calls 'the Linux System', which includes some but not all of the major applications that are usually shipped with major Linux distributions. The OIN reserves the right to redefine 'the Linux System' and therefore the scope of its license agreement anytime at its sole discretion, which is intransparent and arbitrary and raises serious questions. It seems to me that the OIN is basically a strategic patent troll, a non-practicing entity owned by a small group of companies that can use it for its purposes against their competitors whenever they elect to do so, and the protection of Linux is just a pretext.

"Some of the OIN's backers have a terrible background concerning software patents, such as IBM, and I have had to lobby against most of those companies in the past because they tried to convince lawmakers in Europe to strengthen the legal position of software patents over here.

"I'm not aware of even one case in which the OIN's patent pool served the purpose of protecting Linux. Organizations close to the OIN try to suggest that it was the case, but there's absolutely no evidence because otherwise there would have had to be an announcement that a company trying to assert patents against Linux or other open source software backed off and instead obtained a license to the OIN's patents. Not even one such case is known. Instead, patent infringements by companies building products based on Linux happen all the time, and even very strong and competent organizations such as Amazon and HTC feel forced to pay patent royalties for their use of Linux. If the OIN were as useful as its backers claim, those companies, too, could have chosen to be protected by the OIN."

We omit the remainder of Müller's mail because it contains promotion of other schemes that we wish not to endorse. As Carlo Piana put it last month, "the *only* solution is abolition NOW."

We patiently wait for the Bilski decision to come. Here is what Patently-O has to say about it:

UPDATE: No decision today. The court will release opinions on Thursday (June 24) and again next Monday.


It will definitely be out by the end of the month [1, 2, 3, 4, 5, 6, 7], so either this week or next week we will know what milestone was achieved. ⬆




Open Invention Network Announces Associate Member Program and Recruits Canonical As Its First Associate Member



New Associate Member Program Strengthens Linux Community and Deepens OIN Impact in Support of Linux's Growth and Migration into Key Emerging Markets

Durham, NC (June 22, 2010) - Open Invention Network (OIN) today announced that Canonical, the company behind Ubuntu, has become its first Associate Member. Open Invention Network developed the Associate Member program to further strengthen the Linux community and empower open source leaders to ensure ongoing freedom of action for Linux as it relates to intellectual property (IP) rights.

"We view Open Invention Network as one of the key methods through which open source leaders and innovators can deter patent aggression,"
      --Canonical CEO Jane Silber
OIN Associate Members, such as Canonical, demonstrate support and commitment to limiting the effects of patent disputes in Linux. Canonical's activities and those of all companies seeking to adopt and use Linux will be facilitated as OIN works closely with Canonical and other companies that are supporting Linux's growth and expansion. Through the support of its founding members including IBM, NEC, Novell, Philips, Red Hat and Sony, OIN has amassed a broad portfolio of patents, including patents held by nominees on its behalf.

"Canonical has shown great leadership with Ubuntu and it is an important participant in the overall open source and Linux ecosystem. By transitioning its relationship with OIN from Licensee and becoming OIN's first Associate Member, Canonical is once again demonstrating its leadership and commitment to Linux," said Keith Bergelt, CEO of Open Invention Network. "We are extremely pleased to launch our Associate Member program and have Canonical join as our first member."

"We view Open Invention Network as one of the key methods through which open source leaders and innovators can deter patent aggression," said Jane Silber, CEO of Canonical. "We are committed to freedom of action in open source, and have noted OIN's efforts to actively defend and enable the Linux ecosystem. By becoming an OIN Associate Member, we are supporting the broad OIN mission and its commitment to enable and protect Linux's advancement."

About OIN Membership & Licensee Opportunities Open Invention Network has three levels of participation, each of which helps to promote open source as a modality for invention and ensure ongoing freedom of action for Linux community members:

● Founding Members - Open Invention Network comprises six forward-looking organizations that originally created OIN with a mission of enabling and protecting Linux as it relates to IP rights. OIN's Founding Members include IBM, NEC, Novell, Philips, Red Hat and Sony.

● Associate Members - Associate Members are recruited from Linux-related companies, including those that are leaders in advancing Linux's migration into emerging growth markets. Associate Members make a commitment to the Linux Community by virtue of their commitments to and membership in OIN and help to ensure that patent issues do not impair Linux's growth.

● Licensees - Any company or organization that agrees to refrain from using its intellectual property against the Linux System may become an OIN licensee. Licensees benefit from royalty-free access to a valuable and growing portfolio of strategic patents, as well as from ongoing communication with OIN concerning Linux-related patent issues. In so doing, licensees facilitate their access to OIN resources such as Linux Defenders, which is designed to address patent issues with the potential to impact Linux. OIN licensees, be they founding members, associate members or licensees, contribute to an ever expanding community of companies that share a common goal of ensuring freedom of action in and across the Linux ecosystem. Through their unified commitment to Linux, they limit the negative effect of patent-based challenges mounted by companies antagonistic to Linux and open source innovation.

###

About Canonical

Canonical provides engineering, online and professional services to Ubuntu partners and customers worldwide. As the company behind the Ubuntu project, Canonical is committed to the production and support of Ubuntu - an ever-popular and fast-growing open-source operating system. It aims to ensure that Ubuntu is available to every organisation and individual on servers, desktops, laptops and netbooks.

Canonical partners with computer hardware manufacturers to certify Ubuntu, provides migration, deployment, support and training services to businesses, and offers online services direct to end users. Canonical also builds and maintains collaborative, open-source development tools to ensure that organisations and individuals can participate fully in innovations within the open-source community. For more information, visit www.canonical.com.

About Open Invention Network€®

Open Invention Network is a collaborative enterprise that enables innovation in open source and an increasingly vibrant ecosystem around Linux. It does this by acquiring and licensing patents, influencing behaviors and policy and protecting the integrity of the ecosystem through strategic programs such as Linux Defenders. OIN enables the growth and continuation of open source software by fostering a healthy Linux ecosystem of investors, vendors, developers and users.

Open Invention Network has considerable industry backing. It was launched in 2005 by IBM, NEC, Novell, Philips, Red Hat and Sony. OIN has received supplemental financial support from Canonical. For more information, visit www.openinventionnetwork.com.

###

Open Invention Network, the Open Invention Network logo, Linux Defenders, Linux Defenders 911 and the Linux Defenders 911 logo are registered trademarks or the property of Open Invention Network, LLC. All other names and brand marks are the property of their respective holders.

Media-Only Contact:

For Open Invention Network: Ed Schauweker Ketchum for Open Invention Network ed.schauweker@ketchum.com 703-963-5238

For Canonical: Joe Eckert Baker Communications Group jeckert@bakercg.com 203-270-3711

Recent Techrights' Posts

81% Voted in Favour of EPO Strikes Until End of This Year
Who's in the line of succession at EPO?
EPO Strikes Will Carry on Until End of This Year (as We Predicted), Will Likely Continue Next Year/s
Do we still have media in Europe?
Today The Register MS Published "SPONSORED POST" Paid for by the Communist Party of China, It Mentions "AI" 19 Times
The Register MS is a marketing company
 
Links 20/10/2026: $100 Million ICE “Intelligence” Program and France Riots
Links for the day
Gemini Links 20/10/2026: GAFAM GCP Outage in the UK and New Oddμ Release
Links for the day
Articles in The Register MS Composed by Employees of the Companies They're About
The Register MS is the place to be
Intercontinental Brigading - Part IX - Swatting is Not Funny, Swatting is a Murder Attempt
“Swatting is not harmless. It is a serious crime that can lead to dangerous situations and divert law enforcement away from someone facing an actual emergency. What callers may believe to be a ‘joke’ actually risks the public safety of our communities and can carry lifelong consequences for those responsible”
Links 20/10/2026: Facebook Scraping and Plagiarising News Sites, Copyright Act Turns 50
Links for the day
Microsoft's XBox Leadership and Strategy is Slop
XBox sales are already worst in the entire history of XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 19, 2026
IRC logs for Monday, October 19, 2026
Gemini Links 20/10/2026: Old Movies, Bandera Hike, and Mongolian
Links for the day
Techrights Search One Year Later
This year, as we turn 20 in just over 2 weeks, we'll have more surprises and enhancements
'Cocaine King' Campinos Doesn't Have Sufficient Votes to Carry On Unchallenged, But He Has 2 More Months to Bribe Voters With 'Cooperation Money'
In any democratic, functioning institution they would not even ask if he can continue another term; he would be summarily sacked and investigated over the corruption, the cocaine, the racism and so on
Media 'Blackout' About Microsoft-Danfoss Connection After Almost 1,000 Supermarkets in France Get Cracked, Huge Amount of Food Destroyed
someone deployed malware to fridges
In Late October 2025 Spouse of Matthew Garrett Said He Had Them Raped and Broke Legs of Puppies, This Week Says He "Doesn’t Know How to Use Computers or Power Tools" (He Studied Genetics, Not Computers)
Harvey Weinstein did the same
Microsoft is Paying Many Workers to Leave the Company This Year, Just Don't Call it "Layoffs"
in some cases Microsoft pays people to leave while calling it "voluntary"
Gemini Links 19/10/2026: Orchids, Reducing GAFAM Reliance, and Deploying on OpenBSD
Links for the day
Links 19/10/2026: Intense Protests in France and "Zelenskyy Says Russia Seeking Blackout In Ukraine"
Links for the day
Intercontinental Brigading - Part VIII - How We Convinced British Police That the Americans Were Just Manipulating and Tricking Them at the Expense of British Taxpayers
Their job is to protect communities, not the feelings of Americans who threaten violence
IBM CEO Boasts to the Media About "AI" Momentum While Sacking His Workers Who Worked On It
Recently, IBM took a bailout and got rid of many workers
Corrupt Media Benefits Corrupt Officials (the Case of IBM)
IBM’s Pre-Earnings Publicity Blitz
Links 19/10/2026: "Investors Disturbed by Anthropic's Financial Data" and "The "Dead Internet" Is Here" (Slop and Bots Running on Huge Debt)
Links for the day
Gemini Links 19/10/2026: ICEYE/SAR, Smol Servers, and Starting an Open Access Journal
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 18, 2026
IRC logs for Sunday, October 18, 2026
Gemini Links 18/10/2026: Hobbies, RAM Prices, and Avoiding GAFAM
Links for the day
Intercontinental Brigading - Part VII - Weekend Abuse Reported to British Police (Rogue Actors Take No Breaks)
Some time in the next few days I'll share an elaborate report
Gemini Links 18/10/2026: Hospitals, Literature, Fixed IP Addresses, and Sunday Types
Links for the day
Links 18/10/2026: Brazil Reduces Deforestation, Some 4-5 Gray's Inn Square Scandals in Insolvency Petition of Reform UK
Links for the day
UbuntuBuzz is LLM Slop
Tragic
"Assisted by NSA" and "It's Just a Tool" (So Fine!)
Free software is meant to be produced by people who value and pursue Software Freedom
Slop is "just a hobby, won't be big and professional like GNU."
What Torvalds says about "hey hi" ("AI") does not prove he is in charge
Gemini Links 18/10/2026: Movies, Greenland, and Detectors of Slop Plagiarism
Links for the day
Links 18/10/2026: TikTok Censors Criticism of MElon, "Trump’s Latest Attempt to Be the King", and "Big Tech Oligarchs Have a Terrible Plan for Humanity"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 17, 2026
IRC logs for Saturday, October 17, 2026