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

"Rust People" Are a Threat to BSD Too (the Licence Isn't the Main Issue, Nor is the Proprietary Microsoft Hosting)
BSDs aren't written in Rust, so BSD developers should buckle up
Sami Tikkanen Explains Rust Language and Its Goals
"Sompi" (the nickname of Sami Tikkanen) has weighed in
Mauritius: Windows at All-Time Low, Down From 96% to 17%
Put in simple terms, people choose to connect from the "phone" (running Linux), not some laptop running Windows
Many IBM Layoffs Reported Today in Europe and North America
there's definitely a lot going on today
The GNU Manifesto is 40. Here's the Original Print (1985).
Some unpleasant people want to replace GNU with Microsoft-controlled (GitHub) Rust copycats
Unixmen Seems to Have Died After Turning Into a Slopfarm and Spamfarm, Is LinuxSecurity.com Next?
Better to not publish anything at all than to resort to fake garbage.
What Happened to the Open Source Initiative (OSI) Elections: More People Begin to Speak Out
Kuhn set another bonfire ablaze
2025 Rumours of IBM Layoffs in Marketing Likely True, Online Powwow Drops More Clues
Expect over 10,000 layoffs this year (at IBM alone)
 
In Belgium, Android is Finally Measured as Bigger Than Windows
In Belgium, the lobbying capital of Microsoft, it wasn't easy to get there
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 18, 2025
IRC logs for Tuesday, March 18, 2025
Links 19/03/2025: Gardening Season and the Web Without an Audience
Links for the day
Links 18/03/2025: ‘Meritless’ Defamation Suit Thrown Out, InterDigital Software Patents Headed for the Bin Too
Links for the day
These Strange Web Statistics From The Bahamas Show Windows Falling From 93% to Less Than 5%
There are about half a million there
Gemini Links 18/03/2025: Weather and Resisting "MAGA"
Links for the day
Links 18/03/2025: New Apple Blunders and Windows Disliked by Users
Links for the day
Once Again 'Losing Track' of Who the Clients Are, The Serial Harasser and Strangler from Microsoft
Timing is everything
Android (With Linux) Rises to Record Highs in Hong Kong and in Macao
Looking quite bad for Microsoft
Distractions. Distractions Everywhere.
distracting from the real solution
EPO Concerns About the Education and Childcare Allowance Reform (ECAR) and School Liaison Officer (SLO)
The public deserves to know as it impacts thousands of families
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 17, 2025
IRC logs for Monday, March 17, 2025
Links 17/03/2025: Weather Changing and Connecting Docker to Localhost
Links for the day
Microsoft Windows Barely Exists in Haiti Anymore
This trend in Haiti is a "story in progress"
The EPO Might Face Critical 'Brain Drain' (Abandonment by the Most Experienced Patent Examiners) This Year
"a number of colleagues might feel compelled to inform the Administration before the end of May 2025 of their intention to retire as of 1 December 2025."
Links 17/03/2025: Forced Labour and Memory on Tenstorrent
Links for the day
Links 17/03/2025: Live Nation’s DOJ Antitrust Battle Carries on, as Does the Demise of the "Hey Hi" Bubble
Links for the day
Links 17/03/2025: "Badly Misled About Covid" and "Gag of America"
Links for the day
The Lie or Half-Truth of Clownflare (or Equivalents) Improving Things
It may seem "cheap" (temporarily) and "fast", but that's just bait
Free Speech Around the World is Curtailed in the Name of "Protecting Us"
We have spent many years speaking about how to combat this trend
Enshittification of Online Media
Now more than ever we must fight for independent press
War Readiness Means Removing Every Windows Installation and CALEA-Compliant Equipment
Finland is vulnerable for a whole bunch of reasons
Reporting Facts is Not a Privacy Violation
Techrights has long valued and defended privacy
In the Russian Federation (Russia), Microsoft Isn't Even the 1%
the government builds "homegrown" (not pertinent parts of them) distros with which to replace Microsoft, not just Windows
Gemini Links 17/03/2025: "Hack the Planet", Klingnauer Stausee, and Enshittification
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 16, 2025
IRC logs for Sunday, March 16, 2025