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Microsoft Joins Open Invention Network (OIN), Will Grant a Royalty-Free and Unrestricted License To Its Entire Patent Portfolio To All Other OIN Members (globenewswire.com)

Microsoft said Wednesday it had joined the Open Invention Network (OIN), an open-source patent consortium. As part of it, the company has essentially agreed to grant a royalty-free and unrestricted license to its entire patent portfolio to all other OIN members. From the press release: By joining OIN, Microsoft is demonstrating its commitment to open source software (OSS) and innovation through collaborative development. With more than 2,650 members [Editor's note: the members include Google, IBM, Red Hat, and SUSE], including numerous Fortune 500 enterprises, OIN is the largest patent non-aggression community in history and represents a core set of community values related to open source licensing, which has become the norm. "Open source development continues to expand into new products and markets to create unrivaled levels of innovation. Through its participation in OIN, Microsoft is explicitly acknowledging the importance of open source software to its future growth," said Keith Bergelt, CEO of Open Invention Network. "Microsoft's participation in OIN adds to our strong community, which through its breadth and depth has reduced patent risk in core technologies, and unequivocally signals for all companies who are using OSS but have yet to join OIN that the litmus test for authentic behavior in the OSS community includes OIN participation."

Erich Andersen, Corporate Vice President and Chief IP Counsel at Microsoft, said, "Microsoft sees open source as a key innovation engine, and for the past several years we have increased our involvement in, and contributions to, the open source community. We believe the protection OIN offers the open source community helps increase global contributions to and adoption of open source technologies. We are honored to stand with OIN as an active participant in its program to protect against patent aggression in core Linux and other important OSS technologies."
Further reading: Why Microsoft may be relinquishing billions in Android patent royalties.

20 of 103 comments (clear)

  1. I don't understand by andydread · · Score: 4, Insightful

    Microsoft had been operating a patent shakedown against open source for a while now. Why is Microsoft doing this? Doesn't add up.

    1. Re:I don't understand by NicknameUnavailable · · Score: 2

      I want to believe they're reforming, but there's a little voice in my head screeching "IT'S A SCAM" as autistically and frantically as it can muster. Time will tell.

    2. Re:I don't understand by nitehawk214 · · Score: 3, Insightful

      Step 1: Embrace

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    3. Re:I don't understand by Bite+The+Pillow · · Score: 2

      They also do not have to license things like Android from the other members. It's likely a financial decision.

    4. Re:I don't understand by Anonymous Coward · · Score: 5, Interesting

      It's most likely because their useful patents life is coming to an end. Remember Patents only last 17 years, what was 17 years ago? Windows 2000/Windows ME. Take note of the compatibility level of ReactOS and WINE.

      At some point, very soon, the OSS community will be able to re-implement Windows XP's API's, and damn near everything but games needs only XP level compatibility to work. Games still need the extended DirectX API, but XP is DirectX9 at most, which covers basically every non-64bit windows game.

      So Microsoft might be looking at trying to stem some blood loss should a "Windows XP compatible OS" come out of nowhere. Good god there's multi-billion dollar multi-national enterprise businesses that would love to stop having to upgrade Windows versions, and if ReactOS could fill that with a look-and-feel on top of compatibility, Microsoft will be the first on a long list of software vendors to see their "subscription bullshit" revenue streams start to be eroded.

      The entire reason enterprises prefer subscription schemes is because it makes it less of a pain in the ass to track how many copies of AutoCAD, Adobe CC and MS Office you have. You simply pay for X many licenses of the machines you actually have, rather than paying once for the software, and then having to throw the entire machine out, software and all, because you can't transfer the license, or the obstacle to transferring the license costs a few hundred dollars in some technicians time.

    5. Re:I don't understand by Anonymous Coward · · Score: 2, Insightful

      Yes, Microsoft is changing for the worse. Never before did Microsoft try to force or sneak OS updates on to people. Never before did they embed spyware and adware into their operating systems. Never before did they make the OS crippleware and forbid the user/owner from controlling their own computers.

      Satay Nutella is a scumbag and FAR worse than Ballmer or Gates.

    6. Re:I don't understand by atari2600 · · Score: 2, Insightful

      You're right. I quit reading /. over a decade ago because I couldn't get past the narrow-minded (I was one of them at one point) comments about any company trying to do the right thing. Came back here today to see if things had changed. Nope. The guy at the top wants change and it's been happening. Despite what a very small vocal and idiotic minority (on /.) and other websites think.

    7. Re:I don't understand by 605dave · · Score: 2

      I think you are looking for "IT'S A TRAP"

      --
      Be kind, for everyone you meet is fighting a difficult battle. - Plato
    8. Re:I don't understand by Burz · · Score: 2

      Because they succeeded (intentionally or not) in killing Android with steep patent royalties and managed to get the EU to fine Google >4bn Euro for the privilege of writing Android and receiving mainly ad revenue for it. So Google is going to abandon Android now and is soured on the mobile OS market - MS has to shift its patent royalty strategy. MS probably sees opening their old/expiring patents (former Android cash cow) as a PR win.

    9. Re:I don't understand by eneville · · Score: 2

      You're right. I quit reading /. over a decade ago because I couldn't get past the narrow-minded (I was one of them at one point) comments about any company trying to do the right thing. Came back here today to see if things had changed. Nope. The guy at the top wants change and it's been happening. Despite what a very small vocal and idiotic minority (on /.) and other websites think.

      The guy at the top is the collective shareholders.

      A thought I've been wondering is if they see maintaining an OS is profitable any longer. People are sick of updates and I suspect to see Windows fade even further into insignificance and their product base to move to a more portable platform. If only this had happened a very long time ago.

      In other news, a very early and irrelevant MS-DOS was open sourced.

      Honestly, I don't know if the company has changed, I don't know if there's a chance in the future of MS withdrawing from Open Source efforts. I do suspect they've recognised the OS market has gone away and software as a service is their only hope.

  2. The only losers ... by Alain+Williams · · Score: 3, Insightful

    are lawyers. I can't find it in my heart to grieve for them.

  3. Interesting but... by Gravis+Zero · · Score: 3, Insightful

    This doesn't pass the smell test. They definitely have an angle here, we just don't know what it is.

    --
    Anons need not reply. Questions end with a question mark.
    1. Re:Interesting but... by alvinrod · · Score: 4, Interesting

      Perhaps it is because as they continue to transition towards selling subscriptions to their software and the like, it doesn't hurt them to join, especially if it means that they get free use of all of the IBM patents that might be useful in expanding into other service areas without having to worry about litigation. Perhaps these companies are waking up to the fact that the billion dollar lawsuits over technology patents drag on for years, often to a point where the technology isn't even relevant and that the only people who actually get anything after the smoke clears are the lawyers. Those are two easy guesses, but not necessarily good.

      After doing some additional reading, I'm not even sure if the summary is correct. If you look at the OIN website it just talks about Linux. The do have a list of all of their owned patents which does include some that were developed by Microsoft. Perhaps they tossed a few out there as a show of goodwill, but I'm not certain that this gives every member royalty-free licenses to all of Microsoft's (or other member companies) patents.

    2. Re:Interesting but... by Registered+Coward+v2 · · Score: 2

      This doesn't pass the smell test. They definitely have an angle here, we just don't know what it is.

      It only applies to Linux, and gives MS the opportunity to develop anything they want base don Linux without worrying about a patent infringement suit; plus could partner with OIN to fight patent trolls. A plus is invalidating a troll's claim would apply across any possible infringement, protecting their closed source business as well. They aren't going to get into a patent fight over Linux; so why not join forces to enhance your ability to destroy trolls?

      It also reduces any concerns someone using an MS Linux product that they may get embroiled in a patent suit.

      The money is in the support, so anything that eases that transition is useful.

      So yea, I agree they have an angle.

      --
      I'm a consultant - I convert gibberish into cash-flow.
  4. Smart Move by Anonymous Coward · · Score: 3, Funny

    This is a brilliant move by Microsoft. This gives them full access to OIN software, without having to give anything away in return. Technically they have to allow other OIN members access to their patented software, but everyone knows nobody in the OSS community wants anything to do with M$ code, so in practice, they get everything and give nothing.

  5. Re:IONAFL... by Anonymous Coward · · Score: 2, Insightful

    No, the OIN cross licenses everything to all it's members. Joining it is free, you just have to agree to cross license all of your relevant patents as well. I still think it's a trap, but it's not a cartel.

  6. membership is likely revocable by 4wdloop · · Score: 2

    ...so what happens to all tech that now depended on them? There must be some future protection, right? How does it work?

    --
    4wdloop
  7. The Business Environment has changed by PineHall · · Score: 4, Interesting

    I agree with what you are saying, however I think the business environment has changed, not so much Microsoft. Microsoft has always been about maximizing profits. Twenty years ago they were the big 800 lb gorilla. They did what they wanted to make more money. Today they are competing in a field of equals and they are trying to remain relevant with the new computing paradigms. So now they have to behave nicely to maximize profits. They decided that joining OIN was worth more than the royalties they would have collected from OIN members. I believe they will still try to collect royalties from non-OIN companies. It is all about the money.

  8. Re:Microsoft has changed by Rob+Y. · · Score: 2

    Having Windows 10 spy on you is part of their re-focused cloud business model. They still own the Windows platform, and in order to keep it 'cheap' enough to continue to compete with ChromeOS, MacOS and yes, Linux - while still monetizing it, they're gonna spy on you and hope that enough users keep Bing as the default search engine for them to make money selling ads there. Of course, some people won't stand for that - but those people have already found a way off of Windows.

    But PC business software is dead - as far as Microsoft is concerned. They know enough companies are still stuck on 3rd party Windows apps to keep the monopoly going more or less indefinitely, but they're cash cow Office apps are now essentially web apps. I use Outlook to access my work email when I work from home - on Linux...

    Speaking of Bing... now that Google's shutting down Google Plus rather than endure bad press for a product that will never compete with FaceBook, I wonder if Microsoft will similarly accept that Bing will never compete seriously with Google. Different markets, I know. Bing vs Google doesn't have to deal with the network effects of 'everybody's already on Facebook'.

    --
    Posted from my Android phone. Oh, I can change this? There, that's better...
  9. Linux and ExFat? by jonwil · · Score: 3, Interesting

    Does this mean Linux can now support ExFat? (the new file system that replaced Fat32 as standard for things like memory cards)