Bonum Certa Men Certa

OIN Makes Claims About “Open Source Innovation”, But It Produces Nothing and Protects Virtually Nobody

A better initiative would strive and work towards ending software patents, not faith-based 'protection'

“Where knowledge ends, religion begins.”

--Benjamin Disraeli



Summary: The Open Invention Network (OIN) reports growth, but in practical terms it does little or nothing to help developers of Free/Open Source software

THE function of OIN seems benign if not benevolent on the surface; the problem is, it helps distract from better efforts that would more effectively defend Free/Open Source software (FOSS). Another not-so-useful initiative was Peer-to-Patent, but it seems to be gone by now.



OIN is growing (see the OIN 'Community') and MRV has just joined OIN (see the press release [1, 2], mostly or completely overlooked by reporters). This is a sign of growth, but it is growth which won't help FOSS all that much because it was never truly designed with FOSS in mind. The "Open Source Innovation" mentioned in the title of the press release wrongly assumes this will be beneficial to FOSS, but unless every company in the world joined and vowed not to sue any of the other members (like Oracle suing Google), what would it achieve? And what about lawsuits by proxy? Even if Microsoft was ever to join, its patent trolls (two of which we wrote about last night) would still be capable of suing Linux developers/companies.

Speaking of which, even Android players are a patent menace at times (e.g. Sony). A new and relatively long article by Professor Jason Rantanen speaks about Ericsson's patent troll, Unwired Planet, and its case against Apple. "This post will focus on the issue of fault in the context of Unwired Planet," he wrote upfront, "although its observations about fault are relevant to issues of culpability in the context of enhanced damages determinations."

Even if Ericsson was ever to join OIN, this would not prevent it from suing Android OEMs, directly or via proxies like Unwired Planet (which even operates in Europe now).

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