Saturday, November 12, 2005

Open Invention Network

IBM, Philips, Sony & others have formed a separate company to acquire patents which may block Linux. If you join the commons, then you will not be sued. By joining the commons, you agree not to assert your patents. If you don't join the commons, all bets are off. This way, companies who opt in will enjoy the benefit. This is becoming a more common mechanism to pool standards and effort.

While I like how this mechanism involves all those who are interested/involved in the area, it has some things to watch for. What is the nature of the license this new organization has to the patents "necessary" for Linux? Determining what is a necessary part of Linux, and what part is not, may be interesting. What about add-ons for Linux? If the license is for anything that touches Linux (not just the necessary parts) what is the incentive to join? You may get sued for Linux, but if you make enough money on the other parts of the patent, does it matter?

Watch & see. Perhaps this mechanism, once better known, can be used more broadly.

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