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IBM Has 'No Intention' of Using Patents Against Linux
bendelo writes "In his keynote address on Wednesday at LinuxWorld, IBM Senior Vice President of Technology and Marketing Nick Donofrio assured the Linux nation his company would not assert its formidable patent portfolio against the Linux kernel and strongly advocated others to promise the same. This comes following an independent study by insurance firm OSRM who revealed this week that the Linux kernel might use up to 283 patented methods. This seems a smart move by the Big Blue to help counter the FUD going around." A zdnet.com.com story has a response from Bruce Perens, who basically says he wants to see it in writing. :)
is paved with good intentions.
Karma (the real stuff) is governed by intention. IBM has generated a lot of good karma with their work with Linux. This speech seems like IBM knows that a huge shitstorm is on the horizon and they want to polish their image before it hits.
Laws are for people with no friends.
Welcome to the real word. What IBM might say:
1. Contributed to the linux kernel
"When we contributed to feature A we didn't know someone implemented feature B violating our patent xyz thus damaging our vital business interests on the field of whatever.
2. Would look very silly and incongruent for going against something it uses to make money
There are more than enough examples of companies doing a 180 degree turn in their business strategy, IBM itself being a brilliant example.
Patents in the past have been used mostly defensively. Most large companies either had mutual agreement to share patents or they went ahead and used the patented ideas of other companies knowing that the other companies used their patented ideas too. Thus the result of a lawsuit would be a wash. Now with MS and IBM building such huge patent portfolios it's getting a bit scarry for Linux and other Open Source projects. This announcement is encouraging, however. With Big Blue's huge patent portfolio (and Novell's) it could actually take on Microsoft on the behalf of Linux. In effect Big Blue would step in whenever a lawsuit was threatened and say to Microsoft, "Back off or will prevent you from using this IP which you have incorporated into X, Y and Z products." Why would they do that? Because IBM now needs Linux. Linux is one of IBM's OSs now and it has to defend it. The big question the is whether IBM could somehow hijack Linux using IP. Could IBM become the only vendor legally capable of delivering a useful version of Linux. Sure it would cripple Linux in the long run but Big Blue isn't known for being smart all the time.
That would also give patent holders a target for lawsuits.
Which brings me around full circle to my main point... Software patents are being used for something other than what they were intended (companies amassing huge libraries of patents, for Mutual Assured Destruction, as you put it, or those less ethical companies that amass patents solely to lord over them, and take money from those who may tread over the boundaries). This forces us to examine the entire patent system. Is it right, fair, morally just to give a monopoly to something/someone for any amount of time, be it a hardware good, or a software program? Patents (from what I understand) originally used to be used in exactly the manner for which they were intended. It gave more benefit to R&D, because your efforts were rewarded with your short-term monopoly on the results of your R&D. It was sort of a "government sponsored" general R&D effort. But nowadays, less-ethical marketers and the suits have figured out that they can heap patent upon vague patent, and make money via the legal system, instead of through actual R&D. In the meantime, the people trying to do it the old way (reward through innovation) are getting trod upon.
-Jesse
Nothing says "unprofessional job" like wrinkles in your duct tape.
The F/OSS world is built largely on trust. We could debate contracts, indemnification and other legal instruments all day, but at the end of that day, Linux and other major F/OSS project circle right back to trust.
Bruce Perens would do well to remember all that IBM has done for Linux, from a technical standpoint, to a marketing one, finally to a legal one. Had SCO chosen a smaller company, say a Red Hat, they would have had a far better chance of winning their lawsuit - because lawsuits come bak to money, and with Microsoft's filthy lucre in their vaults, SCO would have had more than Red Hat and thus a better chance in court. Instead, it was IBM that committed the resources, legal, financial and corporate, to keep Linux alive.
That said, their intention is clear -- IBM wants Linux to succeed and to become a major player in at least the data center. It has, and with the numerous and important contributions to the kernel and other ancillary tools, Linux is now close to being the equal of the evolved UNIx's -- Solaris, for example. Without IBM, would Linux be much more than a small server or hobbyist's tool?
IBM's word is good enough for me for now. Sure, I would love to see their promise etched in stone, but their word has been good before, we should believe it good now.
Finally, about their reservation of their right to sue, if they need: let's not forget that IBM also makes closed source software. They should preserve the right, should they need to use it, to prevent a competitor or even business ally from contribution of proprietary code to the Linux base. After all, even though IBM is a great friend of Linux and open source generally, they also need to preserve other revenue streams. All that they said was that they would do just that, and that's not a bad thing in my view.
Thanks, IBM, for saying you wouldn't hammer Linux with your wide portfolio. I hope it puts pressure on other companies to do the same. Microsoft would do well to follow suit -- they have benefitted from OSS whether they want to admit it or not, and they should not try to kill what has fed them either.
It's a double-edged sword, sure. But I think the advantages outweigh the disadvantages.
Remember Microsoft's hypocritical FUD about "Who's liable for Linux?" How about the situations where the community can't sue for slander or libel? Or other situations where the community can't make it's voice heard in the legal system?
The concept of a class-action suit doesn't work in this case, because Linux developers aren't financially harmed by such things. (I've never heard of a class-action libel or slander suit. Is there a lawyer in the house who could describe if that's possible?)
tasks(723) drafts(105) languages(484) examples(29106)
this seems a smart move by the Big Blue to help counter the FUD going around
FUD, "fear, uncertainty, doubt" generally is used in the context where said fears, uncertainties, and doubts are unwarranted.
However, in this case, the danger to Linux is very, very real. Of the 283 patents Linux potentially infringes upon (220 or so once you remove IBM's), there is a very high likelihood that at least a few of them will be completely valid, and that they'll (distros, users, developers, etc.) be sued. Just think of SCO, only with valid claims this time.
The current "ignore the problem and hope it goes away" attitude of many of the core Linux developers (this includes "show us the code, and we'll remove it") does not help. They (developers/distros) should be proactively attempting to remove any patented code (or, alternatively, challenge in court/patent office, or get a license)..
For hobbyists and home users, Linux's patent troubles aren't significant, but for any government of large company considering adopting Linux, it's a very big issue.
I am the maverick of Slashdot
IBM is betting the farm on Linux. The big statement here is the "strongly advocated others to promise the same" part.
I see that as a veiled threat of retailation if someone goes after Linux with patents. IBM stands to lose large amounts of money if they are unable to sell their clients Linux solutions.
Also, I strongly believe that IBM is Linux's only home of surviving the coming patent war. IBM will have to step up to the plate to defend Linux if Microsoft goes on the patent attack. I aslo belive this is why Microsoft hasen't attacked yet.
Another thing to look for is IBM's new processor. With this new core architecture being touted as revolutionary, they could patent the algorithms for basic processing of instructions on this thing and require every OS that uses it to pay roalties. That is a great deal of potential leverage for the future (along with being a good example of why software patents should be illegal).