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."

Comments

Good game Nokia!

[zoloto]

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?

Re:Good game Nokia!

[Triumph The Insult C]

why give them credit? what about openbsd and freebsd? they borrowed heavily from them for ipso

sure, this is a step, but it's very small. i would give them a lot of credit if they came out and said "we're never going to sue anyone infringing on our software patents"

Which patents is linux infringing upon?

[Agelmar]

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.

Re:Which patents is linux infringing upon?

[Famatra]

"Or is this Nokia trying to position themselves for something else?" I think that Nokia and Microsoft did not get a long , and are in competition for various operating system for mobile devices, esp. phones. I think Nokia's thinking, and IBM's too, is that they will do better if Microsoft is wounded or defeated, they'll all divide up the corpse among the players left standing. Plus since the Linux community is doing the work in developing it, it costs them little to lend their patents to Linux.

Kind of vague first baby step

[A nonymous Coward]

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.

Re:Way to go Nokia

[Rosco P. Coltrane]

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...

Most interesting part to me

[Dark Paladin]

Nokia also believes that a party should not enjoy use of Nokia's patents and at the same time threaten the development of the Linux Kernel by assertion of its own patents. Therefore, Nokia's commitment shall not apply with regard to any party asserting its patents against any Linux Kernel.

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.

Natch, they're a hardware company.

[lheal]

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.

Is it irrevocably?

[nietsch]

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.