Bonum Certa Men Certa

Groklaw Responds to FUD About OIN

Mad musician



Summary: Response to the noise made by a "campaigner" for hire, who tries to characterise the pro-Linux OIN -- not Microsoft/Apple/SCO -- as an 'evil empire'

TECHRIGHTS is an OIN sceptic, but the apparent Microsoft lobbyist mentioned in the previous post (Florian Müller) went too far by discounting OIN success stories [1, 2, 3, 4, 5, 6] and piggybacking ZDNet to label OIN "a scam". Over at Groklaw, Pamela Jones responded to Müller's FUD without naming him. She linked to this recent talk last week.



Recently significant capital has been invested in patent speculation and for the last eighteen months, Congress has been discussing patent reform. Hedge funds in need of generating quick returns in this challenging market are seeking investments in patent trolls. At the same time, corporate entities have built large patent portfolios. The resulting patent arms race is fueled by the existence of poor quality patents. This is partially due to the fact that insufficient prior art was identified to enable rejection of poor quality patents by the USPTO. Any changes made to the current laws are likely to be suboptimal without participation from the open source community in reforming the patent system. Keith Bergelt, CEO of OIN, will share his insights into the build-up and ramifications of the patent arms race for open source and discuss market-based patent reform solutions, to help ensure that we will keep open source open.


"Keith Bergelt of Open Invention Network also spoke at LinuxCon 2010," wrote Jones. "His slides are downloadable as a PDF from the linked page. Notice slides 12-15, because it will show you what you can do to help, particularly with regard to codifying prior art and regarding defensive publication. As he points out, we have to deal with the past, regardless of the future of software patents, and of course the present. [...] If you have *any* doubts about why Open Invention Network matters, and the kinds of things the organization has done to protect Linux, I suggest you listen the introduction to his speech last year at LinuxCon, and then listen to his speech. The theme is the attempt that year by Microsoft to auction off patents it believed relate on Linux to patent trolls."

Separately Jones advised: "don't let anyone persuade you that there is no purpose to OIN. If you have any patentable ideas, and you wish to help build up OIN's muscle, contact them." In relation to another article about patents, Jones concluded: "This is the place Keith Bergelt of OIN referenced in his talk last year at LinuxCon, and this is where defensive publications can be collected. This isn't a patent; it's a way to ensure no one else can patent something you've written about, because it's now prior art. This is one of the things that OIN will do with you, if you have a useful idea that could be patented but you hate patents and prefer not to do that."

“...don't let anyone persuade you that there is no purpose to OIN.”
      --Pamela Jones, Groklaw
To summarise Techrights' position, we are adamant about ending software patents. OIN does not do this, but it provides a temporary fix, like some kind of plaster. Most of our posts about OIN are supportive of OIN, with some reservations. The same goes for Peer-to-Patent.

In the mean time, Red Hat's Wildeboer identifies three more patents [1, 2, 3] which he claims to be a threat to the World Wide Web. It's an important issue we mentioned some hours ago. "Is this a patent on cookies," he asks. "If yes, it might become a royal PITA for the web [...] And in that same case we have very broad e-commerce patents" (Wildeboer speaks for himself here, not for Red Hat, which is an OIN member).

In conclusion, let's not attack OIN. Scepticism is healthy, but what Müller has been doing is destructive. Even the FFII disagrees with him, both the decisions and the methods (after inheriting his campaign!). It's not the same person from 2005. Something apparently changed.

Comments

Recent Techrights' Posts

Trips to London
London isn't a bad place, but it's a long journey and we'd rather stay in Manchester and write about technology
SLAPP Censorship - Part 80 Out of 200: Having Run Out of Time to Meet a Judge's Deadline, Microsoft's Graveley Had Garrett's Lawyers Argued My ~190-Page Defence and CounterClaim (DCC) Was Unclear About My Position
Nothing could be further from the truth
Working in the Shell (and Fish)
Yesterday we spent about 5 hours on the shells and fish
The Corrupt Lecture the Non-Corrupt - Part XXVI - Campinos Has Put Unfit-for-Employment Drug Addicts in Charge of the European Patent Office (EPO)
How many months has Campinos got left before the delegates show him the door?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 17, 2026
IRC logs for Sunday, May 17, 2026
Gemini Links 18/05/2026: Poetry, Sauna, and GNU Taler
Links for the day
"The Society of Media Lawyers" (UK) is a Truly Malicious Anti-Media Lobby Which Helps Rich/Abusive Americans and Hostile Countries Attack Actual Media Workers in the UK
They typically source their money from aboard to besiege domestic actors (like honest journalists or independent outlets that document suppressed beats/topics)
Slop Still Waning, Its Momentum is Driven by Companies That Stand to Lose a Lot (or Everything) When the Bubble Pops
When it comes to LLM slop disguised as news, it's just not working out
Gemini Links 17/05/2026: arXiv Brings Down the Hammer, UnderPOWERed, and Slopping With Tcl/Tk
Links for the day
Links 17/05/2026: Amazon Employees Herded Into Slop, Taiwan Sold Down the River by Cheeto
Links for the day
Links 17/05/2026: Society of Media Lawyers (Brett Wilson LLP et al) Lobby for More SLAPPs in the UK, “Courage in Journalism Award” Given in Oppressive Country
Links for the day
Finland Needs to Dump Microsoft (Microslop) for National Security Reasons and the Same is True for Hundreds of Countries
"I don't see why Ryssäs would want Finns to use microslop products..."
Cyber Show UK is Already Available Over Gemini Protocol
This past week the total number of active Gemini capsules hit all-time records several times
Fight Til the End
This comes to show that persistence pays off
SLAPP Censorship - Part 79 Out of 200: They Will Soon Reach the 100 KG (Kilograms) Milestone; Wheelbarrows, Not Justice (Quantity of Legal Papers Sent to Us)
It's about the quality, not quantity (unless your sole aim is to drown out or "flood the zone")
The Corrupt Lecture the Non-Corrupt - Part XXV - Not Bringing Intelligence to the EPO, Not 'Artificial Intelligence' Either (But Intelligence-Eroding Drugs)
The EPO was meant to be about science and law. In practice, however, it's about breaking the law and being stoned.
The Cyber Show on Why Coding is Important and Slop Cannot Change or Replace That
Hand-crafting one's site has plenty of advantages
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 16, 2026
IRC logs for Saturday, May 16, 2026
Gemini Links 17/05/2026: Music Theory, Reticulum Git Repos, and Releasing Kiln
Links for the day
Links 16/05/2026: Cuba Plunges Into Darkness (Energy Wasted by Nonsense), Googlebooks as Slop Nonsense (Energy Waste and Time Wasted)
Links for the day
Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding