Bonum Certa Men Certa

OIN is Still a Distraction Unless We Want GNU/Linux to Coexist With Software Patents (Rather Than Eliminate Those)

Open Invention Network (OIN): the 'solution' of companies that love (to exploit) GNU/Linux and also love software patents

Animals



Summary: Another wave of media coverage by/for the Open Invention Network (OIN) necessitates a reminder of what OIN stands for and why it is not tackling the biggest problems which Free/Open Source software (FOSS) faces

THE notion that OIN can "protect" GNU/Linux from software patents may be a convenient one, but OIN never opposed software patents and it rarely offered any substantiative protection. With the USPTO de-emphasising patents on software (in no way owing to OIN) we might find some reprieve. With PTAB eliminating many such patents (already granted by the USPTO) we might feel safer.



"OIN is, in our assessment, somewhat of a distraction."The latest OIN PR, however, has managed to entice at least a couple of GNU/Linux-centric writers. OIN is, in our assessment, somewhat of a distraction. It's not at all useful against patent trolls and it never opposes software patents. It's actually supportive of FOSS and software patents at same time, as contradictory as that concept can be (FOSS and software patents are inherently incompatible). SJVN wrote 'for' OIN that "everyone and their uncle -- yes, even Microsoft-- use Linux and open-source. A decade ago, Linux was under attack by SCO for imaginary copyright violations, and then Microsoft CEO Steve Ballmer was claiming that Linux violated more than 200 of Microsoft's patents. So Open Invention Network (OIN) patent consortium was formed to defend Linux against intellectual property (IP) attacks. The stakes may not be so high today, but Linux and open-source software is still under attack from patent trolls and other attackers. That's where the Open Invention Network (OIN) steps up by expanding its patent non-aggression coverage through an update to its definition of the Linux System."

Well, notice that they never even mention GNU. It's not a coincidence, it's intentional. They certainly know all about GNU, but the brand "Linux" represents a friendlier (to them) philosophy. Published around the same time by Christine Hall was the following article, suggestive of a media outreach by OIN. It says: [via]

On Thursday, the Linux System got a lot larger. This is good news, and means that anyone using Linux and other other software often used with it, can sleep better nights, knowing that the Open Invention Network (OIN) is now watching their back on the patent front more than ever.

That's what OIN does. It seeks to protect enterprise Linux and open source users against patent infringement claims, which is seen as open source's greatest intellectual property vulnerability. It does so primarily with an ever growing portfolio of patents it offers to license free-of-charge to any person or organization that agrees to not enforce its own patents against core components of Linux and other key open source projects, which it calls the "Linux System." It's a carrot and stick approach, using a lot of carrot and going easy with the stick.


OIN is well-meaning (in its own mind), but it won't tackle software patents and patent trolls that use them. As Benjamin Henrion put it, it's "useless against trolls. But that's not in the PR." (press release).

"It claims to be trying to thwart sales of patents that would later be used to sue GNU/Linux vendors, but rarely have we seen a real example of that (they claimed this only once, more than half a decade ago)."We, ourselves, stopped engaging with OIN. It proved to be a waste of time, especially when we spent a long time communicating online with patent trolls who had approached us, then trying to get OIN involved (it was toothless and uninterested).

Right now, just to use a new example, the Microsoft-connected Acacia (Microsoft connections and history of suing GNU/Linux vendors) gets mentioned for former executives netting ZTE patents. "ZTE [is] revealed as vendor of Chinese patents sold to NPE set up by ex-Acacia executives," says the headline and here is the relevant part from IAM (trolls' proponent):

Longhorn – founded last year by former Acacia Research executives Christian Dubuc and Khaled Fekih-Romdhane – announced back in February that its Ox Mobile subsidiary had acquired “assets related to 4G/LTE with worldwide coverage, as well as Chinese assets related to smartphone implementation” from an unnamed Chinese company.


What could OIN possibly do here? Nothing. It claims to be trying to thwart sales of patents that would later be used to sue GNU/Linux vendors, but rarely have we seen a real example of that (they claimed this only once, more than half a decade ago). OIN can, at times, look like a placebo. It gives an illusion of safety and thus false comfort.

"It's the 'solution' as envisioned by companies like IBM, which (as we shall show later today) spearhead a big push for software patents everywhere."To clarify, OIN are not the "bad guys"; far from it...

OIN just isn't the solution to our problems. It's the 'solution' as envisioned by companies like IBM, which (as we shall show later today) spearhead a big push for software patents everywhere. If OIN took some concrete action, e.g. submitting an amicus brief against software patents or sending a letter against IBM's latest plot -- a ludicrous concept as OIN virtually came from IBM -- we would possibly change our minds and reconsider this position.

Having just visited the front page of OIN's Web site, it now seems abundantly clear that they collaborate with IAM (even pay IAM), proponents of software patents, patent trolls, and patent maximalism. If OIN tries to make itself look even worse, then it's certainly doing a fine job.

Recent Techrights' Posts

More Confirmatory Rumours Regarding "Massive" Red Hat Layoffs
Ecosystem and sales said to be targeted
Office Meetings Are Most Useful to the Least Productive Workers
In my "office life" days I really didn't like meetings
Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
 
The "Alicante Mafia" - Part V - It Seems Like Some People Are Already Leaving "The Mafia"
they have a rough idea of what's coming
Microsoft Means War, Microsoft is on the Side of ICE
Microsoft, people-ready
Proprietary UNIX is What We'll Have If IBM Red Hat Gets Its Way
IBM Red Hat wants to control everything, even if that means killing everybody
Free Software in Times of Peace (and Times of War, Too)
GAFAM and IBM are war companies
Founder of GNU/Linux (RMS) Speaks in US University (College) This Week
The auditorium has very high capacity and this is his "college comeback" talk in the United States
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
GNU/Linux news for the past day
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026