Open Invention Network
Open Invention Network (OIN) is a consortium, founded in 2005,[1] which holds patents for use for defence of certain popular free software packages.
OIN is not opposed to software patents.[2]
Contents
Pact of non-aggression against certain free software
The core of OIN's licensee agreement is a licence grant from each licensee, allowing all other licensees to distribute the list of free software packages[3] which OIN calls the "Linux System":
You, on behalf of yourself and your Affiliates, (a) grant to each Licensee and its Subsidiaries that are Subsidiaries as of the Eligibility Date a royalty-free, worldwide, nonexclusive, non-transferable license under Your Patents for making, having made, using, importing, and Distributing any Linux System;[4]
The list of packages gives a version number but the OIN agreement is not limited to that version. OIN's definitions says:[5]
"Linux Environment Component" - shall mean any of the software packages whose released source code shall be identified on the OIN® website, or a Predecessor Release or Successor Release of any of such packages, including bug fixes and error corrections thereto.
Members and licensees
Members
OIN was founded by five companies in November 2005. NEC joined as the sixth member in September 2006.[6][7] The membership is thus: (last checked August 2010)
Licensees
As of June 2010, OIN has 110 licensees.[8] Licensees with notable patent histories include Barracuda Networks,[9] Canonical, Ltd, Google, OpenMoko, openWrt, Oracle, Tom Tom (see MS v. Tom Tom), and Turbolinux.
Associate Members
In June 2010, OIN launched an "Associate Member" program, with Canonical, Ltd as its first Associate Member.[10] Can you help? I can't find anything in the press release or anywhere else to say what the difference between a licensee and an Associate Member is.
Purchasing patents
OIN purchases patents which it thinks might otherwise by used by an unfriendly entity for litigation or to spread uncertainty.
OIN's first notable patent acquisition was the "Commerce One" set of patents in November 2005.[11][12] This set of 7 patents plus 32 patent applications, focussing on XML and e-commerce, was bought by subsidiary of Novell for US$15.5 million.
In 2009, OIN's patent acquisition plan were expanded with the launching of the Distinguished Inventors Patent Acquisition.[13]
In September 2009, OIN purchased 22 patents from Microsoft (presumably the OpenGL patents). See: Microsoft sells patents to OIN, 2009.
Defensive publication
- (See: Prior art database)
OIN helps developers to document their innovations on IP.com, a database used in prior art searches by the USPTO.
Related pages on ESP Wiki
- Buying harmful patents
- Defensive patent pools
- Publishing information is made dangerous (defensive publication might not be a good idea)
External links
- http://www.openinventionnetwork.com/ - official website
- OIN's licence agreement - what is agreed to by the 100+ licensees
- List of licensees
- List of software packages covered (the "Linux System")
- Wikipedia's article: Open Invention Network
- Video interview with OIN CEO Keith Bergelt, August 2008
- Open Invention Network (OIN) demystified, May 2010, Florian Mueller
- Video of OIN CEO Keith Bergelt, 2009
- Groklaw coverage:
- Microsoft and A Patent Checkmate of My Dreams Sep 8th 2008
- OIN Gets More Patents to Protect Linux Environment, May 23rd 2006
References
- ↑ "Open Invention Network Formed to Promote Linux and Spur Innovation Globally Through Access to Key Patents". http://xml.coverpages.org/OIN-Announce.html.
- ↑ "A no-fly zone to protect Linux from patent trolls". http://features.blogs.fortune.cnn.com/2008/12/08/a-no-fly-zone-to-protect-linux-from-patent-trolls/. ""We're not anti-patent by any stretch of the imagination," says Bergelt. "More patents is fine with me, as long as they're high quality. Quality is the drum we beat.""
- ↑ http://www.openinventionnetwork.com/pat_linuxdefpop.html
- ↑ http://www.openinventionnetwork.com/pat_license_agreement.php
- ↑ http://www.openinventionnetwork.com/pat_linuxdef.php
- ↑ http://www.openinventionnetwork.com/press_release11_14_06.php
- ↑ http://java.sys-con.com/node/275688
- ↑ http://www.openinventionnetwork.com/licensees.php
- ↑ http://www.barracudanetworks.com/ns/news_and_events/index.php?nid=216
- ↑ "Open Invention Network Announces Associate Member Program and Recruits Canonical As Its First Associate Member". http://www.openinventionnetwork.com/press_release06_22_10.php.
- ↑ http://xml.coverpages.org/ni2005-11-11-a.html
- ↑ http://www.openinventionnetwork.com/press_release11_05.php
- ↑ http://www.h-online.com/open/news/item/Open-Invention-Network-starts-buying-patents-742787.html