[A2k] Story on The Open Invention Network (OIN) patent pool

[James Love]

This is an interesting story about the Open Invention Network (OIN) patent =
pool, which was formed to defend the Linux software system in patent disput=
es.  This is an important and novel use of a patent pool that uses a contro=
versial royalty free license.  Jamie

http://www.groklaw.net/article.php?story=3D20090323074818542

Open Invention Network Extends The Linux Ecosystem As TomTom Becomes Licens=
ee
Monday, March 23 2009 @ 08:11 AM EDT

I wanted to highlight this press release, instead of just putting it in New=
s Picks, to make sure you see it and understand the significance of it. It'=
s a press release from Open Invention Network, the Linux Defenders 911 folk=
s, and they announced today that TomTom is now a licensee. That means it co=
mes under the protection of OIN, it makes all its patents available royalty=
-free to anyone else in the OIN network or who agrees not to assert its pat=
ents against the Linux System:

    OIN has accumulated more than 275 strategic, worldwide patents and pate=
nt applications. These patents are available to all licensees as part of th=
e patent portfolio that OIN is creating around, and in support of Linux.

I'd say the Microsoft/TomTom battle just got bigger, and TomTom is in a str=
onger position than it was, although TomTom itself has a number of patents =
of its own, including reportedly a number it purchased in 2007 for just suc=
h a moment as this, according to GPS:

    Over the years TomTom has built up a strong IP portfolio of navigation =
patents both through acquisitions and its own research activity. Because To=
mTom came rather late to the navigation space, when it started facing lawsu=
its (against Garmin) the Dutch company was in need of early, broad patents =
for cross licensing situations. Some of these were bought from Horizon navi=
gation in June 2007 for $29 million. Within the patent set named in this li=
tigation two were bought from Visteon and the two others from Horizon Navig=
ation.

That article opines that this will all end in a settlement, but I doubt it,=
 since the GPL makes it impossible to pay any royalties for patents on GPL'=
d code. That doesn't mean no resolution is possible, as Red Hat showed the =
way to do that without violating the GPL. I doubt that Microsoft would be w=
illing to do a deal like that, though, since it would make its FAT patents =
and all the rest it is aiming at TomTom available to one and all (in the Li=
nux world) forever more royalty-free.

Remember to report any prior art on the FAT patents to Linux Defenders 911.=
 Here is the press release:


Patents owned by Open Invention Network are available royalty-free to any c=
ompany, institution or individual that agrees not to assert its patents aga=
inst the Linux System. This enables companies to continue to make significa=
nt corporate and capital expenditure investments in Linux - helping to fuel=
 economic growth. By developing a web of Linux developers, distributors, se=
llers, resellers and end-users that license its patent portfolio, Open Inve=
ntion Network is creating a supportive and shielded ecosystem to ensure the=
 growth and adoption of Linux.

[snip]

"As we look to enable the Linux Ecosystem, we are pleased to have TomTom be=
come a licensee," said Keith Bergelt, chief executive officer of Open Inven=
tion Network. "TomTom is one of a growing number of companies, of all sizes=
, that value the openness and collaborative culture of the Linux community.=
 We applaud their support for Linux."

"Linux plays an important role at TomTom as the core of all our Portable Na=
vigation Devices," said Peter Spours, director of IP at TomTom. "We believe=
 that by becoming an Open Invention Network licensee, we encourage Linux de=
velopment and foster innovation in a technical community that benefits ever=
yone."

OIN has accumulated more than 275 strategic, worldwide patents and patent a=
pplications. These patents are available to all licensees as part of the pa=
tent portfolio that OIN is creating around, and in support of Linux. This m=
akes it economically attractive for companies that want to repackage, embed=
 and use Linux to host specialized services or create complementary product=
s. Additionally, it helps ensure the continuation of innovation that has be=
nefited software vendors, customers, emerging markets and investors.

The Open Invention Network license agreement can be found at http://www.ope=
ninventionnetwork.com/pat_license_agreement.php. About Open Invention Netwo=
rk Open Invention NetworkSM is a collaborative enterprise that enables inno=
vation in open source and an increasingly vibrant ecosystem around Linux by=
 acquiring and licensing patents, influencing behaviors and policy, and pro=
tecting the integrity of the ecosystem. It enables the growth and continuat=
ion of open source software by fostering a healthy Linux ecosystem of inves=
tors, vendors, developers and users. Open Invention Network has considerabl=
e industry backing. It was launched in 2005, and has received investments f=
rom IBM, NEC, Novell, Philips, Red Hat and Sony. For more information, go t=
o www.openinventionnetwork.com. Open Invention Network, the Open Invention =
Network logo, Linux Defenders, Linux Defenders 911 and the Linux Defenders =
911 logo are the property of Open Invention Network, LLC. All other names a=
nd brand marks are the property of their respective holders.