How the Open Invention Network Protects Linux and Open Source (Video)

This is a Google Hangout interview with Keith Bergelt, Chief Executive Officer of the Open Invention Network (OIN), which was jointly founded by IBM, NEC, Novell, Philips, Red Hat, and Sony to share their relevant patents with all Linux and Open Source developers and users in order to prevent patent troll attacks on FOSS, such as the famous SCO vs. IBM lawsuits that hampered Linux adoption during the early 2000s. It costs nothing to become a an OIN licensee, and over 500 companies have done so. Few people know, however, that individual developers and FOSS users can become OIN licensees; that you are welcome to do so, and it costs nothing. Read their license agreement, sign it, and send it in. That's all it takes. They also buy patents and accept patent donations. And "...if your company is being victimized by any entity seeking to assert its patent portfolio against Linux, please contact us so that we can aid you in your battle with these dark forces." This OIN service is called Linux Defenders 911. We hope you never need to use it, but it's good to know it's there if you do need it.

Comments

Re:"Protecting Linux"...

[Trepidity]

As many in the racketeering community would put it... giving cover to shopowners who prefer to operate in marked territory without paying protection money...

presence of wacky terms Sony,Novell is a bad sign?

[girlinatrainingbra]

The presence of wacky terms (redefinable at will without warning unilaterally by OIN), and the presence of Sony, rootkit disseminator, and Novell (SCO apologist, Microsoft licensor and shill via Mono) gives me pause and makes me wonder about the legitimacy and the true total motivations of this group... Something doesn't smell right here in Danemark.
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For example, look at this particular line in their licensing agreement at http://www.openinventionnetwork.com/pat_license_agreement.php : "Linux System" shall, at any time, have the meaning set forth, at that time, on www.openinventionnetwork.com.

Notice the infinite malleability of what a "linux system" is, and that it depends solely upon what OIN wants to say. So the rest of the licensing agreement contract has fixed values, but the definition of what shall constitute a Linux system is left to be freely redefined and pre-agreed to be bound to the definition of what the OIN says the definition is. Add "kludge" or "kick-in-the-ass" to the end of the so called open invention network OIN to get a load of their pigginess: OINK. No thanks. There's something definitely shady going on here.

License issues...

[MaerD]

Sooo I see a few things in the license that raise questions for me. IANAL, but here's my short list:

1) "Linux System" and "Linux Environment Components" are both poorly defined. In the definitions section it states that a Linux System is as defined on the website, but I could find no further definition when I looked (albeit quickly) around the links from the front page. Does it mean the kernel only (which is actually "Linux")? Does it mean userspace? What if my application is cross platform (Linux, BSD, etc), or is GPL and someone makes it cross platform?

2) The "exchange of value" for a contract seems to be based on "You get all of our patents, we get all of yours". What if I have 0 patents, and never plan to patent anything? Could I be held to have not held up my end of the bargin and be undeserving of the patent protection?

3) Limitation Elections are not transparent. Oracle signed on, but exercised a limitation election (as has Geeknet, based on http://www.openinventionnetwork.com/licensees.php). Which patents were excluded? If I sign on, how can I know which patents are explicitly not licensed to me via the OIN agreement?