Bonum Certa Men Certa

The Open Invention Network (OIN) is Becoming an Even Greater Part of the Problem, Embracing Software Patents Through Hype

Seeking to maintain a 'benign' (its own) patent thicket rather than eliminate it

Broken wall



Summary: Companies led by IBM are shielding only themselves while pretending to be shields for others; in the process they perpetuate the patenting of software, even in the post-Alice era

EARLIER this month we wrote about LOT Network as a semi-pseudo solution to a real problem. LOT Network -- like OIN -- has no intention of ending software patents, which are being granted by the USPTO when the Patent Trial and Appeal Board (PTAB) isn't watching. We'll say more about PTAB in the weekend.

"Just look at IBM’s patenting activity in the space, including the Hyperledger effort it got the Linux Foundation to manage for it (the Linux Foundation too is absolutely worthless when it comes to combating software patents)."PTAB is generally helping the crackdown on software patents far more than all those groups which claim to defend Free/libre Open Source software from patents. PTAB is therefore under many attacks from patent extremists; TechDirt was having a go at Watchtroll less than a day ago, but Watchtroll is an easy target because that site is insane. What about OIN though? Maybe a lot of people still think it is noble and we used to think the same thing about a decade ago. But the Open Invention Network (OIN) continues to support sofrware patents in rather blatant a way (even after Alice), just like IBM. They've been reduced to acting like a worthless IBM front. Even their Free software-friendly staff/people recently left.

Case of point? Blockchain hype. Well, this whole hype is software, typically some distributed database, which is many of today's databases anyway. Kilpatrick Townsend & Stockton LLP (a law firm) basically promotes these software patents that are worthless unless you're a patent troll going after poor (i.e. defenseless) people/firms. Here is what it wrote this week:

10 Considerations for Blockchain patent applications



[...]

2. Open Source issues? Many blockchain projects are fully open source. Open source allows for quick development as the source code is accessible and editable by everyone. In contrast proprietary code is often developed internally, which may lead to slower code development. It is important to determine not only which part of your blockchain project utilizes open source code, but also the licenses (e.g. GPL, BSD, LGPL, etc.) and/or restrictions (e.g. patents, copyrights, etc.) associated with the open source code. These factors may prevent someone from obtaining a patent or even forcing a granted patent to be freely licensed. In the blockchain arms race it may be beneficial to not patent all or certain aspects of your algorithm in order to take advantage of certain open source benefits. However, patent protection is often still available under most open source licensing schemes.

3. Alice issues. Improvements in the blockchain processing operations are generally directed to how the computers work, and thus should avoid Alice rejections as being abstract. New uses of blockchains may face rejections if the new uses only require a network of standard computers performing standard computer functions without significantly more. Tactics to avoid Alice issues include including in the claims security aspects (e.g. encryption, hashing, digital signatures), networking aspects (e.g. consensus protocols, smart contract protocols), and focusing on any distributed ledger features instead of the transaction features. Limit business and financial terms in the description to avoid going to art unit 3600, which has the highest rate of Alice-based patent eligibility rejections. Argue that the claims solve a problem rooted in computer technology, citing DDR Holdings, LLC v. Hotels.com, 773 F. 3d 124 (Fed. Cir. 2014).


Well, these patents would likely be voided by Section 101/Alice, but only if the accused (or defendant) can afford a court battle or IPR at PTAB.

So does OIN oppose such patents? Not at all. Just look at IBM's patenting activity in the space, including the Hyperledger effort it got the Linux Foundation to manage for it (the Linux Foundation too is absolutely worthless when it comes to combating software patents). Here's what Keith Bergelt (OIN CEO) published a couple of days ago (sent to us by a reader yesterday). To quote:

Perhaps the greatest indication of blockchain’s value is the number of firms rushing to file DLT patents. While the core technology is open source and in the public domain, complementary and supplementary technologies are being patented and there has been a “land rush” to develop and secure DLT-related patents.

[...]

While it has experienced nearly exponential growth, the successful adoption and use of open source by banking networks, mobile phone manufacturers, telecom networks, smart cars, cloud computing and blockchain platforms, among numerous others, was not a foregone conclusion. In 2003, there was an IP-based attack on prevalent open source software project Linux.

While the claims underlying the litigation ultimately were found to be without merit in the court proceeding, it was a wake-up call to several IP-savvy companies as to the potential negative impact of patent aggression on the growth of Linux and open source software projects.

IBM, Red Hat and SUSE (then Novell) coordinated an effort with Sony, Philips and NEC to conceptualize and implement a solution designed to create a “patent no-fly zone” around the core of Linux. The entity charged with administering this patent no-fly zone, the Open Invention Network (OIN), utilizes a free license to require participant companies to forebear litigation and cross-license patents in the core of Linux and adjacent open source software. In the 12 years since its formation, the organization has grown into the largest patent non-aggression community in history with an excess of 2,500 participant companies which own upwards of 2 million patents.


So they're basically defending these patents from the likes of us (our criticism); they continue to hoard such patents instead of antagonising them. Therein lies the core strategy and spirit of OIN. It will never pursue a true, longterm solutions, just a 'corporate' version of FOSS, wherein few corporations lead the pack, possess tens of thousands of software patents, and tell the "sole" developers what they can and cannot implement. Some might argue that this was the purpose of patents all along; it's a mechanism of control over one's competition and potential new market entrants.

Recent Techrights' Posts

US is Insolvent, GAFAM is Buying Time by Hiding (Not Disclosing) Its True Debt Which Explains Never-ending Layoffs (Unrelated to Slop or "Efficiency Drives")
Five Tech Giants are Hiding $1.65tn in AI Debt, Using the Trick that Toppled Enron
IBM Falls Below $200, Expect $199 or Less Today (Panic Threshold)
Will this be enough to topple the managers?
Links 23/07/2026: RIP John C. Dvorak, Organisation Weaponised Against J.K. Rowling
Links for the day
 
"Online We Are All Refugees" and Slop Pushers Are the Oppressors
They basically resort to nationalism and racism to distract from their commercial failure and fraud (pyramid scheme)
PIP Apocalypse (PIPocalypse) at IBM, CEO Promotes Vapouware (Lying to Shareholders)
Companies get to shrink while lying about it to the public, even to shareholders
GNU/Linux Soaring in Antigua And Barbuda
GNU/Linux is internationally approaching 8%
Calling Out the Worst Culprits in "Linux" Slop (Slopfarms That Manipulate Information and Engage in Plagiarism)
Once they're gone (offline), the slopfarms cannot carry on for much longer
Defying Discrimination
Rianne's birthday is exactly a month away
Dan Williams Represented Real Diversity in Linux
Williams probably understood based on personal experience what it was like to be marginalised and discriminated against
The First Point About Software Freedom is, You Must Understand What It Really Means (Not "Open Source")
Forty Three Years of Commitment to Software Freedom [...] Educating people about what Software Freedom actually means
Gemini Links 24/07/2026: Recovering From Broken Shoulders, Loss of Passion, and "True Hacker Versus Growth Hacker"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 23, 2026
IRC logs for Thursday, July 23, 2026
Gemini Links 23/07/2026: Databases, TLGS, and RSS Feeds
Links for the day
Links 23/07/2026: Science, Censorship, and Territorial Overreach by China
Links for the day
The State of Google Security: Blocking competition
GMail is the best!
What Happens When Windows Becomes as 'Niche' as GNU/Linux on Desktops and Laptops
Android enjoys a near-monopoly and GNU/Linux isn't far behind Windows.
IBM Cash "Down $6.3 Billion From Year-end 2025." Total Debt/Equity 188.97%. (Debt Can Exceed the Company's Real Value)
the CEO alone can make well over $0.7 billion in 5 years of salaries and bonuses
Wave of PIPs Allegedly Coming to Microsoft, Managers Trained to Terminate Employees Without Paying Severance (and Without Calling it Layoffs)
They count and cut the losses
This Looks Like the End of XBox, the Console
Sharma has become the "fall man" of Microsoft
European Patent Office (EPO) Series: A Consummate Master of the "Rigged Game"
"single-candidate shortlist"
Attempts to Change Focus and Change the Subject as IBM Shares Dwindle. Buying Revenue to Mask the Rapid Decline One More Time.
IBM used to be good at engineering, not financial engineering
Down 848% Year-on-year, Negative Cash Flow, Growing Debt (Richest Man on the Planet or Shrewd Scammer?)
The latest for Tesla is more of the same
Gemini Links 23/07/2026: SharePoint Rants and “Junk DNA” in Commented-Out Code
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 22, 2026
IRC logs for Wednesday, July 22, 2026
Freexian & Debian: antitrust, unfair competition against joint authors and volunteers
Reprinted with permission from Daniel Pocock
IBM in the Red After Bad Results (Shares Down in After Hours)
Will the CEO step down, retire, of what else?
Gemini Links 22/07/2026: Fault Lines, the Dark Web and Beyond, and Why Substack is Awful
Links for the day
Insult and Injury: Getting Banned, Not Just Sacked, by Microsoft
A former insider spoke about this in public 5 hours ago
Links 22/07/2026: "Dumb Phones" Not Enough to Tackle Harmful Addition, "MPEG-4 Visual's Road to Being [Software] Patent-Free"
Links for the day
IBM's Press Release About Results Mentions "AI" 10 Times, "Quantum" 4 Times
Blah blah blah AI"
Top secret: Cults inquiry submission concealed from public
Reprinted with permission from Daniel Pocock
An Hour Ahead of Alleged 'Results' (Amid Investigation Into Fraud) IBM Falls Back to New Lows
Only cents away from a 52-week low
IBM Headed for Lowest "Value" in 2 Years
In a nutshell, Krishna "can't keep it up" and IBM is now investigated for fraud
Investigation Progressing
There is nothing "funny" about receiving mortal threats for merely reporting information in a civilised country
Things We Could Do More Than Half a Century Ago But Can No Longer Accomplish
Newer is not always better
Anupa Ann Joseph & Debian defamation gang
Reprinted with permission from Daniel Pocock
State of the Invidious Project
Never forget how hostile Google can be towards freedom
Prioritising the Safety of Women is the Best Approach to Foster Diversity in Technical Communities
Debian was never "normative", but that does not mean Debian should have such low standards
IBM Will Report 'Results' Tonight (CET), It's Already Investigated for Securities Fraud
"Five of the biggest US tech giants are carrying $1.65 trillion in debt that does not show up on their balance sheets"
Hardware Has Gotten a Lot Worse, Not Just Far More Expensive
prices go up fast
Amid Claims of Microsoft Bing Layoffs It Seems Like Bing Cannot Even Hold on to Second Place
Yandex is sometimes bigger than Bing
Wikileaks Does Not Publish New Material Anymore, But Wikileaks Still Changes the World
Wikileaks has a legacy that will soon turn 20
Links 22/07/2026: Postal IRCs, PlayStation Kills Discs, Union Action Against Microsoft, "Judge Considers Tossing Databricks Patent Suit Under California anti-SLAPP Law"
Links for the day
Same 'Journalists' Who Published Fake News for IBM (Pump and Dump) Now Write Puff Pieces About the Stock Falling
the media is so compromised
They Called It "Social" and "Media", But It Turned Out to be Slop and Child Porn
Why do any sane people still use social control media?
Age of consent: DebConf26 registered sex offender in Argentina?
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: In the Pole Position Despite a Dismal Track Record
António Campinos is an old hand when it comes to such high-level institutional intrigue
Site a Bit Slower Due to Visitors' Load
We'll try to work out better speeds
Gemini Links 22/07/2026: Emacs, Astrology Clock, Arduino, and Rogallo v1.0.0
Links for the day
After Involvement by the Free Software Foundation (FSF) LibreTech and Quibble Gain More Participants
RMS expressed gratitude for people who worked on Quibble and improved LibreJS after many years of inactivity
The Lessons From the Assange Saga
This will not end well
Linux Foundation an Enemy of the Planet, Proponent of Pollution and Global Heating
"could the "polluters pay" model be extended to the computing environment and used to take on Microsoft and Microsofters?"
Apple Will Increase Surveillance of Customers, Record Verbal Communications Under the Guise of "Hey Hi"
Apple now drinks that same Kool-Aid
Dave Winer, Blogging Pioneer, Sells Out, Spews Out LLM Slop to Readers
Another one bites the dust [...] Now it's a slopfarm of sorts
Not Everything Can be Automated
not a new thing
GNU/Linux OS in ComorOS
Now, as in recent years or the last year, the GNU/Linux "signal" is growing significantly
Microsoft Redefines "Layoffs" to Give Smaller Tallies
It's not just calling them "buyouts" or saying people are merely "leaving" or "retiring"
IBM is Not Done Destroying Red Hat, Wait Till October 1st 2026 (More Layoffs and Bluewashing)
It's not bluewashing 'til it's 100% done
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 21, 2026
IRC logs for Tuesday, July 21, 2026
"LF Sex", Nothing to Do With Linux
a lot of explaining to do this week