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Author Topic: IBM pledges 500 patents to Open Source  (Read 2933 times)

JimIvey

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IBM pledges 500 patents to Open Source
« on: 03-02-05 at 01:43 pm »

IBM Pledges 500 U.S. Patents To Open Source In Support Of Innovation And Open Standards

http://tinyurl.com/4y3o9

Regards.

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george wowk

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Re: IBM pledges 500 patents to Open Source
« Reply #1 on: 03-02-05 at 11:21 pm »

Any thoughts as to whether the open source community will be able to use these patents to discourage others from claiming patent infringment.  Most organisations with a patent portfolio of any size use their patents to discourage others from making patent infringment claims.
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eric stasik

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Re: IBM pledges 500 patents to Open Source
« Reply #2 on: 03-03-05 at 03:09 am »

This is a very shrewd - and completely self-serving - move by IBM. It was well thought out and brilliantly executed.

IBM is the number one US Patent holder with something like 30,000 active US patents.

IBM makes a lot of money from Linux.

The Linux kernel is said to infringe 280+ US patents.

IBM has learned from their experience with SCO that their financial exposure resutling from IP infringement by Linux (and other Open Source products) is HUGE.

So what IBM needs is a defense against the patent infringement allegations that are surely to come. One way to do this is to insert IBM patents into every Open Source program so any competitor who asserts a patent against IBM looses the license to an IBM patent that he is infringing and sets himself up for a counterpunch.

It doesn't do anything against patent holders who suffer no exposure to IBM, but it takes the wind out of the sails of any Open Source competitor.

Plus, it's only 500 patents. Exactly 500 patents which seems more like a number derived from a corporate decision rather than a technical analysis.

IBM certainly has another 500 to assert against individual Open Source programs as necessary so they are not really giving anything away.

The came out with a list of specific patents, offered specific royalty free licensing terms demanding reciprocity from licensees and they made it available to all open source programs.

Well done IBM. That's the way you do it.

In contrast, SUN's release of Solaris to Open Source and a pledge not to assert 1600 unspecified patents against OpenSolaris was a weak response and an example of exactly how not to do this.
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JimIvey

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Re: IBM pledges 500 patents to Open Source
« Reply #3 on: 03-03-05 at 11:42 am »

Like Mr. Stasik, I like this move by IBM.  I suspect I perceive it a little differently -- perhaps because I haven't thought about it in much depth.  But I'll offer a few perspectives.

Re being self-serving, I don't see much done by large corporations (or any business entities for that matter) that isn't self-serving.  I had heard that for years Bill Gates's favorite (and possibly sole) charity was an anti-piracy organization.  Not quite the modern day Carnegie.

The approach by IBM is actually quite simple and quite predictable.  First, it's well known that you derive a business benefit from commoditizing a complementary market.  As an example, Microsoft has done a tremendous job of commoditizing hardware -- most people don't care what brand of harddrive they have as long as it works with MS Windows.  So, harddrive manufactures scramble around in tough competition to provide more GB for less $$ while Microsoft can charge more or less whatever it wants -- because consumers care about the MS brand and don't care about the HD brand.

Hardware manufacturers would do well to do the same.  And IBM is.  They're investing heavily into Linux to commoditize the OS that runs their server hardware.  They're trying to get to the place where people will say -- "I don't care what OS you run as long as it's an IBM server."  

So, what's the biggest threat to Linux right now?  Microsoft's huge patent portfolio.  What's the best defense to a huge patent portfolio?  You'll have to go back about 20 years to remember this cold war acronym, but it's MAD -- mutually assured destruction.  It's a patent portfolio of your own that covers what the other patent owner does for a living.

Now, people will look at MSFT's portfolio vs. 500 for OSS and say MSFT has a distinct advantage.  That's true to a point.  The size of a portfolio influences the costs of analysis -- how much it costs to evaluate the portfolio.  But all you need is one strong claim that cuts at the core of MSFT's business to enhance your negotiating position.  Well, MSFT's business is so diverse that I'd recommend having several killer patents -- not just one claim.

I'm sure that, while IBM dedicated only 500, IBM would rush to OSS's aid if MSFT had it in a bind.  The 500, in my opinion, is a message to OSS -- "don't worry, we've got your back."  I believe the intent is to encourage the OSS community to keep doing it's work and keep churning out fantastic product after fantastic product -- basically on a volunteer basis.

And, yes, the round number of 500 suggests an arbitrary number picked in a corporate meeting somewhere, but I'd wager that the specific 500 weren't picked in that meeting.  I'd wager that the specific 500 were picked according to what aspects of technology IBM considers complementary vs. core and the perceived threat to OSS software -- especially those OSS packages that run on IBM servers.

For what it's worth, I'm surprised it's taking so long for other hardware manufacturers to broaden the scope of supported OSs.  All they have to do is produce Linux drivers in addition to Windows drivers.  Many just open their specs to the OSS community so the OSS community can write the drivers.  One contrary example is nVidia -- they actually produce their own Linux drivers and, in my opinion, add an unnecessary layer of complexity in Linux installation.  However, Xandros (and many others) now include nVidia drivers properly configured in their installation kits.

In the interest of full disclosure, I've been running my pracitce as a primarily Linux-based shop now for about 3-4 years -- whenever Mandrake 8.1 was the latest greatest distro.

Regards.
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Penner

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Re: IBM pledges 500 patents to Open Source
« Reply #4 on: 03-03-05 at 12:03 pm »

Quote
.  I had heard that for years Bill Gates's favorite (and possibly sole) charity was an anti-piracy organization.  Not quite the modern day Carnegie.



I'd say he's at least equaled if not surpassed Carnegie at this point.   As much as I disdain Microsoft, Windows, and PC's in general I have to take my hat of to a man that establishes a foundation with an endowment worth $29 billion to fund charitable causes and fight disease in the developing world.

http://www.gatesfoundation.org/MediaCenter/FactSheet/default.htm
« Last Edit: 03-03-05 at 12:04 pm by Penner »
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JimIvey

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Re: IBM pledges 500 patents to Open Source
« Reply #5 on: 03-03-05 at 01:47 pm »

Yes, marrying has softened him quite a bit -- or, probably more accurately, he's deligated the charitable works.  The "for years" I was referring to were pre-Belinda.

Regards.
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James D. Ivey
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