Bonum Certa Men Certa

President of the OSI Calls IBM, Microsoft and Other Companies Patent Trolls, Explains the Role of OIN

Simon Phipps



Summary: Useful analysis from Simon Phipps, who has turned more vocal in his opposition to software patents and those who promote them

Simon Phipps is a terrific leader. He is not self-censoring and over the years he has thrown some punches at companies which are hostile towards FOSS. He also built (or rebuilt) a relationship with the FSF, which helps reduce if not eliminate wasteful efforts such infighting and competitive advocacy; the OSI and FSF are now jointly submitting formal complaints against patent trolls. Phipps also spoke out repeatedly against patent trolls and patent aggressors -- something which many in the FOSS groups don't bother with. Here in Techrights, due to lack of time and resources, we have not focused so much on patents recently; so, here is something to make up for it.



Newegg is currently in the headlines because it gets sued a lot by trolls and it fights back. 30 infringement claims were made against Newegg in the past 8 years alone, based on Newegg's claims. To quote: "Newegg was founded "in the ashes of the Internet trough" in 2001, said Cheng. The first 10 employees worked in a warehouse about 20 miles outside Los Angeles. Newegg still owns the facility, called Warehouse 1, though the company's headquarters now resides in another warehouse in City of Industry.""

Newegg is not a massive giant like IBM, Apple, or Microsoft. It does not hoard patents and it is really suffering from patents, which are originally the game invented and played by the rich and the powerful. Also from Phipps (OSI President) there is this coverage of OIN, which was created by massive multi-nationals, including IBM. Phipps explains: "While many open source advocates remain rightly concerned about the chilling effect of software patents on both innovation and collaboration, open source software has additional defenses against patent aggression that aren't available to proprietary software. The Open Invention Network (OIN), a novel patent pool fighting for rather than against open source, plays an important role in these defenses."

But OIN is still not fighting to eliminate software patents. It's more of an interest group. As Phipps put it, "make sure the software you use is under one of these modern licenses; older licenses like BSD and MIT don't mention patents. Second, comply with the terms of the license -- easy enough for almost all open source licenses, especially compared with the labyrinthine complexity of commercial licenses and EULAs. As long as you comply with the terms of the license, you benefit from the protection it offers. Third, work in the open rather than making last-minute contributions. This is good practice anyway, but it adds protection too."

So in other words, OSI may be benign to Free/Open Source software players; for everyone else it's not of much use. Newegg gets nothing out of it.

In another new post from Phipps it is claims that Microsoft and IBM are just "big trolls" -- something he has said even back when he worked for Sun. "Rogue software patent trolls are the scourge of the tech industry. But the larger, better-dressed trolls don't get a pass either." Phipps writes.

To quote Phipps further: "The dirty secret IBM, Microsoft, and other self-proclaimed advocates of patent reform don't want you to know is that they are trolls, too. They have large and highly profitable business units using exactly the same tactics as the patent trolls they hate. The reason they hate the trolls is not because of what they do -- after all, IBM and Microsoft were the pioneers of treating patent portfolios as profit centers rather than cost centers. No, the reason they hate the trolls is because the trolls attack them with the weapons they themselves perfected."

We already explained how IBM and Microsoft helped abolish patent reform attempts. This ought to make people who think of IBM as a friend of FOSS reassess their position; it is definitely not the first time IBM does this. IBM's and Microsoft's friends at SUSE have this new release (funded in part by Microsoft and IBM), but we should remember to regard it as nothing but an attempt to tax GNU/Linux with patents. We hardly cover anything SUSE-related anymore (we ignore rather than fight), but the fact remains that people should boycott SUSE. It's about patents.

Recent Techrights' Posts

"We Might Save Somebody's Life"
I follow the example of my father
Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
 
How Many Women Has Microsoft's Alex Balabhadra Graveley Already Strangled and Where Does That End?
If you too are a victim of this man and wish to share information, contact us
Gemini Links 16/07/2025: BaseLibre Numerical System and Simple Web Browsing with TLS
Links for the day
Links 16/07/2025: Fascist Slop Takes "Intelligence" Clothing, New Criminal Case Against MElon
Links for the day
Why I am Suing the Serial Strangler From Microsoft, Alex Balabhadra Graveley, in the UK High Court This Week
Out of respect to the process and to the Court, I shall not share any pertinent details about the case
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025
Links 15/07/2025: LLM Pollution and Pushback in Ukraine
Links for the day
Gemini Links 15/07/2025: xkcd, New Cert, and Alhena Gemlog
Links for the day
Links 15/07/2025: Press Freedom at Risk and New Facebook Blunders
Links for the day
Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day
Coming Soon: Another OSI Scandal, This One Implicating Molly de Blanc
OSI has been fairly quiet lately
Outreachy & Debian pregnancy cluster, Meike Reichle evidence
Reprinted with permission from Daniel Pocock
Again, "Lunduke is Actually Sending His Audience to Attack People"
Microsoft Lunduke is not trying to "protect" Linux
XBox is Rapidly Turned Into a Slopfarm by Microsoft
Slop isn't about efficiency and saving money
One of the Most Hilarious Things About the Microsoft SLAPPs
It's so ridiculous
Financial Support for the Free Software Foundation or the GNU Project
The FSF has extended until Friday its fund-raising campaign
Illegally Hiding (or Demanding Secrecy Around) Illegal Requests or Attempts at Extortion
unlawful communications like threats
Microsoft's Halloween Documents and systemd, Wayland, Etc.
Maybe one day Wayland will be widespread. Or maybe not.
Gemini Links 14/07/2025: BOFH Archive, Updating Old Palm PDAS, and Nginx vs Slop Bots
Links for the day
Ubuntu is Becoming GAFAM-Like
What does that say about Canonical and Ubuntu?
Slopfarms Which Take Real Articles About GNU/Linux and Turn Them Into Copycats Which Are False
Even before the LLM hype those were quite common
The Firm That Picks on Techrights is Accustomed to Working With Criminals
Techrights never did anything illegal. So why is it being picked on by people who work with criminals?
Microsoft Said the Mass Layoffs Were for "Investment" in "AI", But It's Also Laying Off the "AI" and "Copilot" Staff
Months ago we showed many so-called "AI" people were getting the boot and this time it's the same
DryDeadFish is Dead, Long Live DryDeadFish
We kept checking, hoping it can recover from some temporary technical issue
For Quite Some Time Already Microsoft Attracts Crackpots, Scams, and More
Occasionally we talk about the situation at IBM as there are many parallels
Links 14/07/2025: Chatbots Broken Again, McHire LLM Shows Limits of the Hype
Links for the day
Changing One's Name Won't Change One's Past
People who have earned a bad reputation are not magically "entitled" to reset
People Who Assault Women Are Not Victims of "Distress"
It seems like an American tradition. In a country with almost 50 presidents, not even one was a female.
Slashdot Media Turned Linux Journal Into a Slopfarm and Now Slashdot Actively Promotes Anti-Linux Slopfarms
Yes, "no-nonsense" apparently means actual nonsense
Adoption of Gemini Protocol Still Growing
Gemini Protocol is being obscured by the media - it doesn't help that Google 'hijacked' the word "Gemini" - but people still manage to find out about it, download a client, and use it
Links 14/07/2025: Arresting Photographers, Threats to Revoke US Citizenship Over Criticism
Links for the day
More EPO Leaks on the Way
We hope that Mr. Rowan will actually try to refute what we say and show, not merely point the finger at the messengers
Decommodification is a Corporate Strategy Against Communities
systemd is led by Microsoft and hosted by Microsoft
copyleft.org 'Hijacked' by the People Who Attack the Person Who Created Copyleft
So far there's nothing "tasteless" in copyleft.org, but that can change at any time in the future
Asking People to Take Down Articles and Videos Only Makes These More Popular and "Viral"
If you do something bad, one of the worst things you can possibly do it try to silence those who speak about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 13, 2025
IRC logs for Sunday, July 13, 2025
Two-Thirds Towards FSF Goal, Richard Stallman to Give Talks in Europe
There are 67 left before reaching the target
Brett Wilson LLP "Takes it Personal" (Character Assassination, Not Professionalism). Everybody Can See That.
On behalf of violent men
Gemini Links 14/07/2025: Politicised Tech and "Leaving GitHub"
Links for the day