Bonum Certa Men Certa

OSDL, OIN, Linux Foundation, PAX and the Likes of Them Dodge the Real Problem, Which is Software Patents

Their biggest sponsors simply do not oppose software patents and instead hoard some themselves

Linux Foundation sponsors



Summary: The arms race of patents, or the notion that bad patents can be countered using more bad patents, has become an infectious mentality that acts as a barrier to real progress and only makes the patent thickets a lot 'thicker' (impenetrable to small companies/market entrants)

THE US patent office is no longer as lenient as it used to be, but software patents continue to be granted on occasions and troll lawsuits are still being filed (albeit fewer of them than before). As so many companies out there now use Android (Linux), the targets of litigation are often users/distributors of Android and hence "PAX" has some real/perceived necessity. We recently wrote two articles about PAX [1, 2] and Andrew Updegrove, who had worked for the Linux Foundation, wrote the following about it yesterday, under the headline "Google Announces Android “PAX” Cross-License Program – But to What Purpose?"



The first meaningful OSS defensive initiative was Open Source Development Labs (OSDL), founded back in 2000 by companies like IBM, Intel and HP to reassure developers and customers in the face of the veiled threats then being made by Microsoft against users of Linux and other OSS, and in light of the actual (and ultimately unsuccessful) litigation by SCO, perhaps bankrolled by Microsoft, against four companies using Linux.

[...]

Like OSDL, OIN was heavily funded by its founding members and has a high-powered Executive Director and staff. Over 2,000 organizations have now signed the OIN License Agreement, which you can read here, without having to send in a request to be vetted, or incurring a confidentiality obligation.

And then there are the many efforts that were far less meaningful. Beginning with an announcement by IBM on January 11, 2005, many of the leading IT companies made public “patent non-assertion pledges” to reassure users of Linux (and sometimes other prominent OSS programs) that they would not be sued. Those companies ultimately included Motorola, Nokia, Sun, Google, Oracle and others, each publicly releasing its own slightly different legal pledge, and its own specified list of patents - dozens, scores and even hundreds of them. In the case of IBM, the package included exactly 500 patents, an oddly round number. (The same press release also noted that IBM had filed more patents than anyone else for the fourth year in a row, conveying a rather mixed message to the patent-averse open source community.)


PAX and OIN are both ineffective against trolls and as we reminded readers earlier this afternoon, companies like Ericsson and Microsoft pass patents for trolls to sue, bypassing all sorts of alleged defenses such as OIN.

Yesterday or earlier this week, more detailed analysis emerged on the cases involving Samsung, Apple and Qualcomm (which had abused its position against both Samsung and Apple). To quote what Florian Müller wrote this morning:

Procedural decisions relating to two major Apple cases have come down this week. With respect to design patent damages in Apple v. Samsung, Apple did not get its preferred way forward (affirmance of prior damages verdict and an immediate re-retrial necessitated by the Federal Circuit's dismissal of Apple's trade dress claims), but the United States Judicial Panel on Multidistrict Litigation has granted Apple's wish that its contract, patent and antitrust action against Qualcomm be kept separate from a long list of (consumer) antitrust cases related to the FTC's mid-January complaint against Qualcomm.

There isn't much to say right now about the Apple v. Samsung design patents case. In a case management order handed down on Tuesday, Judge Lucy Koh disagreed with Apple's most aggressive suggestions, which would have cut the remand proceedings short (after the Federal Circuit decided that the district court should take a closer look at the record in light of the December Supreme Court ruling). I'm not surprised and I doubt Apple itself was.


Qualcomm's abuses against all sorts of companies were covered here before [1, 2] and where were groups like OIN while this was going on? Nowhere. Because in practice they are something between "deterrent" and "bloody useless". To properly address these issues, we need to tackle the underlying issues, which are the patents themselves, notably software patents that Qualcomm still uses and advocates for.

Recent Techrights' Posts

Advertisers and Their Covert Impact on Publications' Output (or Writers' Topics of Choice, as Assigned or Approved by Editors)
It cannot be trivially denied that sponsorship in the form of "advertising" impacts where publishers go (or don't go, won't go)
Terrible Year for Microsoft Windows in Cyprus
down from 86% to 72% since January
The World's 'Richest Country' Chooses GNU/Linux
This has gone on for quite some time
 
Where the Population is Controlled by Skinnerboxes Inside People's Pockets (or Purses)
A very small fraction of mobile users practise or exercise freedom/control over the skinnerbox
[Meme] Coin-Operated Publishers (Gaming the Message, Buying the Narrative)
Advertise (sponsor) to 'play'
[Meme] How to Kill Unions (Staff on Shoestring Budget Cannot Afford Lawyers)
What next for the EPO? "Gig economy"?
The EPO's Staff Union (SUEPO) Takes Legal Action to Rectify the Decrease in Wages (Lessening of Purchasing Power)
here is what the union published
Gemini Links 24/12/2024: Deedum Gemini Client Gets Colour Support, Advent of Code 2024
Links for the day
Microsoft Windows Slides to New Lows in Colombia
Now Windows is at an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 23, 2024
IRC logs for Monday, December 23, 2024
A Strong and Positive Closing for the Year's Last Week
In a lot of ways this year was a good one for Free software
Feels Too Warm for Christmas
Christmas is here, no snow in sight
Links 23/12/2024: 'Negative Time' and US Arms Taiwan Again
Links for the day
Links 23/12/2024: The Book of Uncommon Beings, Squirrels, and Slop Ruining Workplaces
Links for the day
Links 23/12/2024: North Korean Death Toll in Russia at ~1,100, Oligarch Who Illegally Migrated/Stayed (Musk) Shuts Down US Government
Links for the day
Richard Stallman on Love
Richard Stallman's personal website includes a section that lists three essays on the subject of love
Apple's LLM Slop Told Us Luigi Mangione Had Shot Himself, BetaNews Used LLMs to Talk About a Dead Linus Torvalds
They can blame it on some bot
Microsoft, Give Me LLM Slop About "Linux" and "Santa", I Need Some Fake Article...
BetaNews is basically an LLM slop site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 22, 2024
IRC logs for Sunday, December 22, 2024
Technology: rights or responsibilities? - Part XI
By Dr. Andy Farnell
GNU/Linux and ChromeOS in Qatar Reach 4%, an All-Time High
Qatar has money to spend, but not much of it will be spent on Microsoft, or so one can hope
Links 22/12/2024: Election Rants and More Sites Available via Gemini
Links for the day
Links 22/12/2024: North Pole Moving and Debian's Joey Hess Goes Solar
Links for the day
This 'Article' About "Linux Malware" is a Fake Article, It's LLM Slop (Likely Spewed Out by Microsoft Chatbot)
They're drowning out the Web
Early Retirement Age: Linus Torvalds Turns 55 Next Week
Now he's almost eligible for retirement in certain European countries
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024