Press "Enter" to skip to content

Posts published in “Patents”

Open Invention Network Helps Rid FOSS of Patent Lawsuits

Software patent issues aren’t in the news as much now as they were only a few years back, partly due to the Supreme Court’s 2014 Alice v. CLS decision. Another reason is the patent pool the Open Invention Network has amassed to discourage patent trolls.

The FOSS Force Video Interview

The Open Invention Network — OIN, as its friends call it — “is a defensive patent pool and community of patent non-aggression which enables freedom of action in Linux.” That’s what it says (among other things) on the front page of the organization’s website. Basically, if you join OIN (which costs $0) you agree not to sue other members over Linux and Android-related patents, and in return they promise not to sue you. Google, IBM, and NEC are the top three members shown on OIN’s “community” page, which lists over 2,000 members/licensees ranging from Ford to one-person Android app developers.

** If you're finding this article useful, please consider supporting our work through our FOSS Force Independence 2026 fundraiser. **

Poll: Software Patents Are Still a Threat

The FOSS Force Poll

While it’s good to know that voters in our poll are aware that software patents remain very much a threat to free tech, the small number of people who voted might indicate a lack of awareness on the issue by newcomers to FOSS.

Another poll with results that aren’t a surprise. In this poll we wondered if you thought that software patents remain a threat to Linux and FOSS. Yup, you do. The results were pretty lopsided and not at all difficult to interpret.

** If our coverage matters to you, please consider supporting our work through our FOSS Force Independence 2026 fundraiser. **

Software patents poll results

Software Patents: Is the Threat to FOSS Declining?

Software patent abuse would seem to be on the decline if the amount of ink being given to the subject in the open source press is used as a metric. But as the old TV commercial used to ask: Is it live, or is it Memorex?

Five or six years ago the major GNU/Linux and FOSS news aggregators were filled with stories about software patents. These days, not so much. Does this mean that the threat posed by patents is actually less now than in 2010, or have patents simply not been getting the coverage they once did?

** If our coverage matters to you, please consider supporting our work through our FOSS Force Independence 2026 fundraiser. **

India Nixes Software Patents, Linux Foundation Embraces Diversity & More…

FOSS Week in Review

India again shows sanity by doing away with “software only” patents, and the Linux Foundation continues to move towards diversity.

The old and the new both made big news on the FOSS front this week. Representing the old was what appears to be the ending of the SCO vs IBM case after something like 13 years, which means that Caldera/SCO now gets to go to its final resting place. For the new was the release of the Raspberry Pi 3, which comes wielding a 64-bit ARM processor with built-in Wi-Fi and Bluetooth.

But that wasn’t the only news of interest to the FOSS world this week…

** If you're finding this article useful, please consider supporting our work through our FOSS Force Independence 2026 fundraiser. **

Barely a month after putting an end to a Facebook supported scheme, “Free Basics,” in favor of supporting Net Neutrality, India has declared software to be not patentable. According to the Software Freedom Law Centre in India, the patent office will now use a three part test to determine patentability:

Christine Hall

Christine Hall has been a journalist since 1971. In 2001, she began writing a weekly consumer computer column and started covering Linux and FOSS in 2002 after making the switch to GNU/Linux. Follow her on Twitter: @BrideOfLinux

Google & Microsoft Shake Hands in Patent Dispute

handshake
Photo by Tobias Wolter
Microsoft is full of surprises these days.

** If you're finding this article useful, please consider supporting our work through our FOSS Force Independence 2026 fundraiser. **

“Microsoft and Google are pleased to announce an agreement on patent issues,” Redmond has said in a joint statement with Google. “As part of the agreement, the companies will dismiss all pending patent infringement litigation between them, including cases related to Motorola Mobility.”

Christine Hall

Christine Hall has been a journalist since 1971. In 2001, she began writing a weekly consumer computer column and started covering Linux and FOSS in 2002 after making the switch to GNU/Linux. Follow her on Twitter: @BrideOfLinux

Deb Nicholson Talks (What Else?) Software Patents

The FOSS Force Interview

Back in June I had the opportunity to meet Deb Nicholson, a person who is well known to people who frequent open source and Linux conferences.

I was dog tired, having had only about four hours sleep. I’d gotten up at about five in the morning, much earlier than I think is civilized, in order to make it to Charlotte in time for the opening ceremonies at the SouthEast LinuxFest (SELF). I’d allowed for traffic jams in the morning rush hour traffic that didn’t happen and so arrived early enough to have time to try to catch a nap on an inviting and empty couch I found in the vendor hallway that turned out to be part of the booth space for Internet Systems Consortium.

** If you're finding this article useful, please consider supporting our work through our FOSS Force Independence 2026 fundraiser. **

Deb Nicholson
Deb Nicholson
Luckily for me, Chuck Aurora, who had driven up from Mississippi with his family to maintain the booth and try to grab a few contacts, was generous when he arrived with his teenage daughter in tow, and wasn’t perturbed that I’d mistaken his booth for a public rest area. I didn’t need to get up and find someplace else to sleep, he said, exhibiting the southern hospitality I’d been told to expect at SELF. I was free to go ahead and nap if I could.

Christine Hall

Christine Hall has been a journalist since 1971. In 2001, she began writing a weekly consumer computer column and started covering Linux and FOSS in 2002 after making the switch to GNU/Linux. Follow her on Twitter: @BrideOfLinux

Patent Trolls Working Overtime

Unified Patents LogoThe trolls are still at it. In spite of the fact that the Supreme Court was busy ruling against them last year — between January and June it ruled against patent holders six times — the number of cases being brought by non-practicing entities (NPE), which is one measure of a troll, continues to rise. According to a report published in June by patent defense organization UnifiedPatents, there will be about eight thousand tech related patent disputes this year, with over six thousand of these expected to go to trial.

** If our coverage matters to you, please consider supporting our work through our FOSS Force Independence 2026 fundraiser. **
Christine Hall

Christine Hall has been a journalist since 1971. In 2001, she began writing a weekly consumer computer column and started covering Linux and FOSS in 2002 after making the switch to GNU/Linux. Follow her on Twitter: @BrideOfLinux

Newegg Goes Over Patent Judge’s Head

There’s been an interesting development on the patent front, which has been deceptively quiet for some time. Surprisingly, the latest news involves a case that went to trial nearly two years ago. It’s not a surprise, however, that the case was tried in the Eastern District of Texas, infamous for awarding verdicts in favor of patent holders. Also not surprising, the plaintiff is a non-practicing entity (NPE), a fancy term for “troll.”

** If you're finding this article useful, please consider supporting our work through our FOSS Force Independence 2026 fundraiser. **

East Texas Federal Court
U.S. courthouse in Marshall, Texas
Back in November, 2013, a jury in Marshall, Texas found that online retailer Newegg infringed on a patent held by TQP Development because it mixed the use of SSL and RC4 on its websites. The jury awarded $2.3 million, less than half of the $5.1 million that TQP’s damage expert had said would be fair. At the time, TQP had sued more than 120 companies over the same patent, collecting $45 million in settlements.

Christine Hall

Christine Hall has been a journalist since 1971. In 2001, she began writing a weekly consumer computer column and started covering Linux and FOSS in 2002 after making the switch to GNU/Linux. Follow her on Twitter: @BrideOfLinux

The Ubuntu, Microsoft & SUSE (Bermuda) Triangle

There’s little doubt that a few eyebrows were raised by the news on Friday, when Larry Cafiero reported on FOSS Force about Canonical’s partnership with Microsoft involving Microsoft’s OCS hardware and Ubuntu’s open source Metal-as-a-Service (MAAS) deployment product. Those with a little memory might wonder if this is a case of history repeating itself, as we’ve seen Microsoft court aspiring princess distros before, with SUSE, not long after the distro was purchased by Novell, a company with an uneven history.

Ubuntu plus Microsoft
A graphic from the Ubuntu web site, touting the distro’s partnership with Microsoft.
Shortly after the turn of the century, Utah based Novell, desperate to stem shrinking revenues, announced it’s intentions of becoming a major Linux and open source player. During the 1980s and 90s the company had flourished in the networking market with its NetWare operating system, a business that was by 2001 in rapid decline, mostly because Windows was now able to network out-of-the-box, and partly due to a customer relations fumble by CEO Eric Schmidt which resulted in the loss of much of the company’s installed base.

** If you're finding this article useful, please consider supporting our work through our FOSS Force Independence 2026 fundraiser. **

In 2003, to establish its open source cred, Novell went on a buying spree, which began in August when it spent an undisclosed amount to acquire Ximian, the open source company behind Evolution, Mono and Red Carpet, the later being an early attempt at an universal package manager for Linux, a precursor to Linspire’s Click & Run. In November, just three months later, Novell spent $210 million, partly financed by an investment from IBM, to purchase SUSE (then SuSE), which was at the time one of the top three Linux distros by most estimations.

Christine Hall

Christine Hall has been a journalist since 1971. In 2001, she began writing a weekly consumer computer column and started covering Linux and FOSS in 2002 after making the switch to GNU/Linux. Follow her on Twitter: @BrideOfLinux