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Nokia Announces Patent Support to the Linux Kernel
Mictian writes "In conjunction with the introduction of Nokia's Linux Handheld mentioned earlier today, Nokia Corporation announced today that it allows all its patents to be used in the further development of the Linux Kernel. Nokia says, that it believes that open source software communities, like open standards, foster innovation and make an important contribution to the creation and rapid adaptation of technologies. And that the investment made by so many individuals and companies in creating and developing the Linux Kernel and other open source software deserve a framework of certainty."
Nokia, therefore, issues the legally binding Patent Statement, which has been posted on its website at www.nokia.com/iprstatements. The Patent Statement applies to Nokia's patents infringed by current official releases of the Linux Kernel and all future official releases of the Linux Kernel to the extent that Nokia has not declared new functionality embodied in such releases to be outside the scope of the Patent Statement. With respect to new functionality introduced into future Linux Kernel releases, Nokia reserves the right to declare that the Patent Statement shall not apply.
I'd like to be the first to applaud Nokia. This certainly will win many people over into development circles with their technology and without the fear of litigation that's obvious within OSS development, this will welcome innovation, change and support in ways that aren't available to the traditional software company.
The above statement made in bold is what worries me, however. What kind of allowance by way of announcement will be made for allowing certain new functionality? Is this a COA statement made so that they can keep their investors/company happy and alive or something else?
According to the article, "The Patent Statement applies to Nokia's patents infringed by current official releases of the Linux Kernel..."
I'm personally wondering which patents they claim were being infringed upon. Are there legitimate patent concerns, or is this Nokia trying to position themselves for something else? Neither the liked article or the press release (http://www.nokia.com/iprstatements) mention any specific patents.
It doesn't say GPL, so it probably can't actually add any code to the kernel.
It only applies to current patents, and (IIRC) current interpretations of those patents.
But at least it sounds good enough to whack Redmond.
Infuriate left and right
Please don't be such a sheep and read the Nokia blurb:
With respect to new functionality introduced into future Linux Kernel releases, Nokia reserves the right to declare that the Patent Statement shall not apply.
In short, Nokia says "we give you a new toy today, but we can always take it away from you later". Which means neither Linus or anybody else should touch it...
"A door is what a dog is perpetually on the wrong side of" - Ogden Nash
Linux is GPL'd code. Unless Nokia releases all of it's patents to everyone, this statement means nothing. The GPL does not allow for a sleeper patent attachment (one might say viral, oh the irony) such as this.
You can be an atheist and still not want to succumb to some weird cross-over sheep disease -- AC
Correct me if I'm wrong, but I believe that this means that if you are a Linux developer, use one of Nokia's patents as regards to this agreement, then turn around and try to sue LInux (or IBM, natch) for violating *your* patents, then you lose the ability to use Nokia's patents so Nokia can go after *you*.
If nothing else, it will make some companies who would sue Linux in a Rambus "We'll help develop the technology by committee then sue anybody who tries to actually use it without our permission" from (allegedly, like SCO) letting their technology be added into Linux, release a kernel, then start suing companies for violating their IP. With Nokia's clause here, they'll have to make certain that nothing of what they did includes Nokia's patents.
Phew. Interesting how complex things have to get just to cover your ass thanks to a exploitive lawsuit happy companies.
52 Weeks, 52 Religions with John Hummel
Why wouldn't they allow their patents to be used in an OS?
They reserve the right to snatch that back, such as if the Linux kernel suddenly acquires the ability to become hardware and run itself.
Or if they ever start to "see themselves as a software company" or believe they're "really about consulting" or some other such dreck, then they'll snatch back their patents. They'd also be on the road to corporate oblivion, but that would be independent of allowing FOSS use of their patents.
Keep making the neat gizmos, Nokia.
Raise your children as if you were teaching them to raise your grandchildren, because you are.
However, there is one very nice paragraph:
In other words, if anyone starts threatening Linux with patents, they might find Nokia lawyers on their doorstep.
yet to rtfa, but is thie just a statement or is it a irrevocable licence? It would be a very smart move of nokia to support linux at first, but revoke their licence because it makes more business sense for them to do so (nokia for some reason going bust SCO-stylee).
I have the impression that they made the mistake to let the PR droids announce this without letting technical and/or legal people have the last word.
Another thing is that they are silently pushing software patents, something that is still being debated in Europe (and it looks we might just not end up with some abomination like in the US). Without swpats, their move would have been without substance.
This space is intentionally staring blankly at you
from turning around in 10 years and demanding back-payments on all patent encumbered features and technology in the kernel? A la Rambus.
(for those that dont know, Rambus put in a bunch of ideas into the JEDEC council for DRAM (SDRAM, DDR, etc) and some got used. They then turned around later and submarrined the DRAM industry by demanding payment on SDRAM, DDR, etc. They sued and lost I believe, but have won or settled other cases regarding anti-competitive tactics by the rest of the industry to stamp them out.)
The Doormat
If you're not outraged, then you're not paying attention.
Of coarse, it is PR stunt. And I personally won't give a shit about it. It is GOOD to see that Nokia, the mighty gard of it's "intelectual property", trying to build something really USEFUL based on open source. And check out what kind of contributions they got it.
I hope it is some painful, but strong change in trend for Nokia. They won't change their attitude in one day, proposing software patents in EU, but let's cross fingers and hope for the best.
user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
Hey, come on, they are a company, with their own interests. Sure, (software) patents suck, but since Nokia has them, they don't really need to give them away. In fact, they very probably would be sued by their shareholders if they just decided to give away a large part of the things that make them a special company...
I read the article and came away thinking I trust Nokia even less now. The news *seems* good on the surface, but several key sentences gave me pause.
For instance, it seems very clearly to me that Nokia is saying that the Linux kernel is currently violating one or more of their patents. I did not search deeper, but I, for one, would like to know what patents they claim are being infringed?
Sure, it seems nice of them to say it is OK to use those items, but something about this smells fishy. I think I'll wait for the other shoe to drop.
Another though occurred to me. Has anyone done an analysis to see if any of the 500 IBM patents are used in the kernel? Could this be in response to that usage (if it exists)? I mean, if they are going to rely on Linux (see the new 770 web tablet), and they think they found patent infringement, then they would be precluded from going after it, because to do so would rescind IBM's permission for Nokia to use IBM's patent(s) that may be in Linux as well. This could just be PR spin to try and make Nokia smell better.
Like I said, I'll wait for the other shoe(s) to drop. I think there is more to this story, and before I am willing to pat Nokia on the back, I want more details.
. 62,400 repetitions make one truth -- Brave New World, Aldous Huxley
Nokia is one of the major companies (if not THE company) lobbying for software patents (sorry, "Computer Implemented Inventions") in Europe. Taking into account that they reserve the right to enforce some patents in the future, I simply believe it is a major PR stunt. Don't get me wrong, I'd really wish this was a legitimate pro-FLOSS movement.