IBM Opens Their Patent Portfolio to Open Source

kfiller writes "IBM announced that over 500 of their currently held software patents will be freely available to use for those who are working on open source projects (NY Times, free registration required), with the hope that more companies will do the same. More information is available at SourceLicense."

Comments

Reg-free sites

[tepples]

If you're afraid of registering at NYTimes.com, you can look at any of several other sites that have picked up the story.

Re:Why even patent anything?

[back_pages]

You're going to get a crapflood of "in case someone else tries to" replies. The fact is that you can register an invention with the USPTO without going through the patent application process (basically a patent application without the necessity of proving it is novel or non-obvious over prior art) for a smaller fee and less stringent requirements.

My point is that (to those who know more than three things about the patent system) this is a valid question. My best guess is that IBM feels that the more stringent patent process provides a stronger contribution to the open source community, but it could also be a change of heart within the IBM corporate direction (regarding patents they've already paid for) or a more predatory action against their competitors (where opening the other guy's potential IP to open source is more offensive than defensive.) I can't answer any better than that, but to reiterate, this is a valid question to those who know more than three things about the patent system.

Proper link

[Chuck Chunder]

here

Re:Now *that's* cool. Thanks, IBM!

[Chuck Chunder]

They are only revocable from people who seek to leverage patents against Open Source themselves first. From the PDF:

IBM's Legally Binding Commitment Not To Assert the 500 Named Patents Against OSS

The pledge will benefit any Open Source Software. Open Source Software is any computer software program whose source code is published and available for inspection and use by anyone, and is made available under a license agreement that permits recipients to copy, modify and distribute the programs source code without payment of fees or royalties. All licenses certified by opensource.org and listed on their website as of 01/11/2005 are Open Source Software licenses for the purpose of this pledge..

Subject to the exception provided below, and with the intent that developers, users and distributors of Open Source Software rely on our promise, IBM hereby commits not to assert any of the 500 U.S. patents listed above, as well as all counterparts of these patents issued in other countries against the development, use or distribution of Open Source Software.

In order to foster innovation and avoid the possibility that a party will take advantage of this pledge and then assert patents or other intellectual property rights of its own against Open Source Software, thereby limiting the freedom of IBM or any other Open Source Software developer to create innovative software programs, or the freedom of others to distribute and use Open Source Software, the commitment not to assert any of these 500 U.S. patents and all counterparts of these patents issued in other countries is irrevocable except that IBM reserves the right to terminate this patent pledge and commitment only with regard to any party who files a lawsuit asserting patents or other intellectual property rights against Open Source Software

Re:Sweet!

[BrynM]

Responsible investing in companies that improve society, sure ... but irrationally throwing away your money?

You're thinking of IBM as a software company like MS. IBM has a huge hardware and consulting business. If you think of how open source is growing more robust, getting out of the sofware market might be a good idea. Even laymen are aware of open/free software now. I think IBM is looking 20 years ahead and seeing a huge library of OSS code that the public will itself build upon. Think of all of the libraries in your average *nix system that would have been considered completely legacy and abandoned a long time ago by proprietary companies. Some of that code will be around in the years to come. In this light, proprietary companied are reinventing the wheel from their own code libraries rather than the vast sea of open source. It makes great long term sense for IBM to migrate their business to the things the average person is incapable of: creating complex hardware and consulting for complex solutions. Don't forget that they charge top dollar for both ;)

Get a clue

[Chuck Chunder]

I presume you're just spouting off rather than actually knowing what you are talking about.

Their revenue off of a half a dozen mainframes probably challenges their Linux revenue.

Those mainframes run Linux.

A friend of mine hacks Linux for IBM and the impression I get is that it is very popular. He's always being sent somewhere or other to install or configure some absurdly large sounding box or other.

Re:Get a clue

[IgnoramusMaximus]

What mainframes run Linux?

Both the zSeries and S/390 series.

IBM is in _service_ business

[notany]

Old saying:

The programming industry is the largest service industry pretending to be a manufacturing industry.

IBM makes it's money from hardware, consulting and services. What is better business idea than supporting and developing free software and then selling support and consulting. If your customers don't buy software they can spend that money to service and hw! Smart!

Re:Many ways

[AndrewRUK]

Well, what IBM have said is:

Subject to the exception provided below [that IBM can revoke this pledge for people who try to assert patent claims against OSS], and with the intent that developers, users and distributors of Open Source Software rely on our promise, IBM hereby commits not to assert any of the 500 U.S. patents listed above, as well as all counterparts of these patents issued in other countries against the development, use or distribution of Open Source Software.

So, while you could use the patents covered in a BSD licenced program, anyone wanting to use your code in their non-OSS program would have to work around the patent, or obtain a patent license from IBM.

That the BSD license allows third parties to use your code in their closed source programs does not change the fact that something in the code may be covered by a patent of IBM's, and that IBM have pledged not to assert that patent against OSS does not affect their ability to assert it against other software.