Bonum Certa Men Certa

The Real Debate About OIN

Scarecrow



Summary: The main downside of the OIN is not its secrecy but its function as endorser of software patents; Groklaw and Müller carry on arguing

YESTERDAY we wrote about Canonical joining the OIN. This reopened the debate about OIN, mostly comprising OIN sceptics and OIN proponents (the debate about how OIN should be operated from within is a minor one*). As expected, the legal side from Groklaw defends OIN, which is also aligned with the interests of IBM. Pamela Jones portrayed Florian Müller's criticism as one that refers to secrecy (the minor debate, not the real debate) by writing:



Bergelt is highly respected in the FOSS community, as is OIN, as you can verify by looking at the lists of those signed on as licensees. I see Florian Mueller immediately attacked OIN. Yes, again. He's wrong again, of course, and all I ever see from him is attacks on those working hard to protect FOSS from the patent threat. His complaint this time is that OIN isn't transparent enough.

You know who I think would *really* love OIN to be transparent? Microsoft. Then it could avoid getting checkmated by OIN next time. Remember, it was OIN who blocked Microsoft's attempted sale of antiLinux patents to patent trolls last year. Florian didn't do that. I didn't do it. You didn't do it. OIN did it. And he thereby protected Linux from an evil machination designed to tie Linux to the railroad tracks, as I wrote at the time. For this one act alone, the community owes OIN our thanks to time indefinite. Yes. Really. I'm guessing that is why OIN is now a target for FUD attacks.


Jones is right about the latter point. The OIN did well on that occasion [1, 2, 3, 4, 5, 6], but it's hard to find other examples. A lot of effort could instead be spent explaining to legislators why US patent law is the black sheep when it comes to software patents. The US ought to be brought into alignment with global patent law, not the other way around. The same goes for copyright law, but that's another story we generally don't cover at Techrights.

In response to Groklaw's post, Müller had this to tell us:

The thing PJ gets wrong intentionally is that I never said they should be transparent about everything they do with those patents. Of course they can have a confidential strategy every time they use those patents, just like everyone else would. My original blog posting on OIN made it absolutely clear that there's simply no transparency about how they define what "the Linux System" is, and that's the scope of protection of the entire license agreement. They can boost or disadvantage certain GNU/Linux-based software by including or excluding it, and they can do so at a moment's notice if they want.

I also think it's quite weak that the OIN announces the new category of Associate Members and provides no explanation of what rights and obligations those Associate Members have (as compared to Licensees). Usually someone who wants to generate publicity for a new initiative wants to provide at least a minimum level of substance. All they talked about was protecting the Linux ecosystem, which would apply to Licensees just as well. So the difference isn't specified in the slightest.

Finally, PJ's claim that I don't deal with where the threat is coming from is preposterous given the diversity of topics covered (and companies criticized) on my blog. It's actually PJ who doesn't want to deal with threats coming from IBM and its allies.


Let's emphasise that software patents ought to be abolished (including IBM's). OIN does nothing to get us there; au contraire -- the OIN only legitimises them. The OIN is to patent law what crutches are to foreign policy and war. A more transparent OIN would also respond to these reasonable criticisms. ___ * It is a common debating strategy to shift attention off one debate and onto a non-existent one, e.g. claiming that scientists in one field disagree among themselves not about minor points but about substantial theories as a whole. Strawman arguments are related to it in the sense that they rely on falsehoods or distortions. Another technique is the use of emotionally-charged words like "believer" or "denier" (connotation with religion or with the Holocaust, respectively) to make one side of a debate look irrational and sometimes dangerous.

Comments

Recent Techrights' Posts

Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
24/7 Wall St. Editor-In-Chief and CEO Calls IBM Is "America’s Worst Big Tech Company", Talent is Leaving, Supposedly Strategic Units Culled
21 hours ago by Douglas A. McIntyre
IBM's Debt Increased Over $5 Billion in 3 Months While IBM Laid Off Many in Europe, US, Confluent, HashiCorp, and Red Hat
An increase of $5,000,000,000+ in debt in just 3 months!
 
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day
Links 24/04/2026: Zelenskyy Says Ukraine's War Position "Most Stable", Samsung Workers on Strike Due to Pay
Links for the day
Recent Happenings at IBM Reaffirm Rumours About the CEO; He Might be Resigning (or Pushed Out) Soon
If the rumours are true (no, we did not check those tax records for ourselves), it's not unthinkable that IBM is already doing what Apple did months ago
Gemini Links 24/04/2026: Public Reticulum Gateway Node, Smol Computers, and Old E-mail
Links for the day
Links 24/04/2026: Intel Abandoning Computer Freedom (Even Further), Iran Reports That American Software and Hardware Remotely Sabotaged/Hijacked During War
Links for the day
The Great Wonders of Slop "Efficiency"
Thankfully nothing was lost in the transmission and lots of work (datacentre emissions) got "done"
IBMers Expect Another Giant Wave of Layoffs, Talk (and Sing) About the PIPs
The media won't be covering the key facts
Drama at the European Patent Office (EPO) This Week
We'll be covering the EPO quite a lot this weekend and next week
As We Predicted, Francophonie Countries in the EU and Outside the EU Dumping Microsoft for National Security Reasons
We expected Belgium or some other Francophonie place to do so next
Even to Microsoft Insiders It Seems Like XBox Has Already Died or Surrendered to the Japanese Companies
Now the Microsoft layoffs are evident for people to see
EPO Cocainegate Escalates - Part VI - The Strikes Go On and On (Major Strike Today)
We'll be covering this later today in relation to what the Office dubs "ethics"
Absolutely Terrible Journalism About Microsoft Layoffs This Week
7 hours ago by Leila Sheridan
SLAPP Censorship - Part 56 Out of 200: 5RB and Brett Wilson LLP's Copy-Paste Machination for Garrett and Graveley
Here is another straightforward example of their junior barrister overusing copy-paste on his Mac
Getting Aggressive Suggestive of Loss - Part II - Lawyers Are Not "Hired Guns" (and Should Never Act Like Ones)
The matter is being investigated
Nadella is Killing Microsoft. Slop Kills It Even Faster.
A decade from now we'll look back at slop like we look back at skateboards
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lots of slop layoffs. Be ready. It's a bubble.
Gemini Links 24/04/2026: Data Breaches and Unofficial Gemini Protocol Specification Archive
Links for the day
Microsoft Offers About 10,000 of Its Senior American (Read: Expensive) Workers to be Laid Off
How many slopfarms and media parrots play along?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 23, 2026
IRC logs for Thursday, April 23, 2026
SLAPP Censorship - Part 55 Out of 200: Strangled Women, Charged for Strangulation, Cannot Find a Job Now (After Microsoft)
merits public awareness and wider scrutiny
Gemini Links 23/04/2026: Spirituality and Detachment, Shoplifting in the UK, and "Introducing Scout, an iOS Native Gemini Client"
Links for the day
Links 23/04/2026: YouTube Age Limits Expanded and 'Secret' Model With Bug-Finding Hype Campaign 'Leaks'
Links for the day
Media Operatives of Microsoft Paint Microsoft Layoffs as Buyouts (Intentionally False Narrative)
Those are mass layoffs disguised as something else
IBM's Stock Has Collapsed Over 10% in One Day, Insiders Explain What's Happening
Today, due to a lack of time, we mostly present an outline of what people say (not IBM-sponsored media hacks with LLM slop)
Getting Aggressive Suggestive of Loss - Part I - Threats Sent From Burner Accounts Since February, Belatedly Reported to British Police
Threats connected to Graveley or Garrett or 5RB or Brett Wilson LLP [...] We're not dealing with a law firm here; we're dealing with the underworld
EPO Cocainegate Escalates - Part V - Where Does the António Campinos 'Family Affair' Go From Here?
Do cocaine in public, get caught, take paid "sick leave", come back to lead Europe's second-largest organisation
Links 23/04/2026: Legal Trouble for Microsoft, Chronic Fatigue Syndrome, and DMCA Whac-a-Mole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 22, 2026
IRC logs for Wednesday, April 22, 2026
Gemini Links 23/04/2026: Sunrise Chasing Season, Going Back to Older Software, New Gemini Client for Mobile Devices
Links for the day