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Why Consider Linux Kernel Patent Risks?

chromatic writes "After the hoopla about OSRM's study of patent risks in the Linux kernel, I talked to Dan Ravicher, the patent attorney and free software afficionado who conducted the study. Contrary to my initial reaction, I've come to believe that the study is actually very valuable. Linux and Patent Risks on the O'Reilly Network explains why."

6 of 226 comments (clear)

  1. Has anyone audited non-free OS's for patents? by ron_ivi · · Score: 5, Insightful
    I would still like to know if anyone's audited the source code for any of the proprietary OS's for patent violations.

    Seems Linux will be one of the safest kernels from a (patent point of view) to run, since it has had the most companies scouring it's source code looking for infringements.

  2. Don't tell Darl by antikarma · · Score: 5, Funny

    "The 283 patents that the kernel could infringe have all gone unchallenged so far."
    In other words- Sco doesn't know about them yet.

  3. Linus and patents by blogtim · · Score: 5, Informative
    Linux founder and leader Linus Torvalds has taken that approach. "Finding patent infringement has always been a responsibility of the patent holders," he said in a 2003 interview. "It is a fact that I do not encourage engineers to look up patent information
    Actually, I read an article in Wired maybe a year ago quoting Torvalds as saying that he personally avoids looking at patents because willful violation leads to triple damages. Better just to close your eyes and do whatever...
    --
    Visit Tim's Journal, yes?
  4. It's a MAD World!!! by grunt107 · · Score: 5, Insightful

    With the gloom of the patent infringement reports, the one bright spot is the Patent machines of IBM (and HP). It is doubtful that other major patent holders (MS) do not violate any of IBM/HP (and vice versa), so the threat of mutually assure destruction is the only seeming deterrent.

    Who are the commies in this scenario?

  5. Re:So.... by Kenja · · Score: 5, Funny
    "If somebody decides to sue Linux for copyright infringement, who defends it?"

    SCO? I thought they owned Linux.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  6. Re:So.... by sloanster · · Score: 5, Insightful

    If somebody decides to sue Linux for copyright infringement, who defends it?

    I think you are a little confused, perhaps... When you say someone will "sue linux", exactly who do you mean is being sued? Novell? Linus Torvalds? IBM? Red Hat?

    Once you apply a bit of clear thinking, and decide who is being sued, the answer to your question will follow naturally.