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From: "Florian Mueller" <florian.mueller@nosoftwarepatents.com>
To: <patents@aful.org>
Subject: Round-up: Experts dispute effectiveness of open-source patent pools
Date: Sat, 19 Nov 2005 11:57:17 +0100
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EXPERTS DISPUTE EFFECTIVENESS OF
OPEN-SOURCE PATENT POOLS

Analysts, community leaders and campaigners comment skeptically
on the Open Invention Network and the OSDL Patent Commons --
"Those announcements don't put us closer to a real solution, but even
further away"

(19 November 2005) - Recent announcements of the Open Source Development
Labs' (OSDL) www.patentcommons.org <http://www.patentcommons.org/>  site and
the Open Invention Network (OIN, www.openinventionnetwork.com
<http://www.openinventionnetwork.com/> ) claimed to reduce or even eliminate
threats from software patents to open source, but have come under fire from
industry analysts as well as free and open-source software (FOSS) advocates.

Florian Mueller, the founder of the NoSoftwarePatents.com campaign that
successfully opposed a European patent bill this year, believes that "those
announcements by the OIN and the OSDL grossly overstate the effectiveness of
those partially ill-conceived approaches. By misleading people they don't
put us any closer to a real solution, but even further away from one." 

In a guest commentary on popular IT discussion site Slashdot, Mueller
explained his skepticism in detail:
http://yro.slashdot.org/article.pl?sid=05/11/15/1715235
<http://yro.slashdot.org/article.pl?sid=05/11/15/1715235&tid=166> &tid=166 

He argues that certain patent-related promises made by such companies as
IBM, Sun and CA had serious shortcomings, but "even the best pledges can't
solve" a number of issues outlined in his position statement. When the OSDL
announced its Patent Commons project in August, it was also viewed as
"spitting in the wind" by Bruce Perens, the author of the Open Source
Definition, since the "enemies" of open source would never contribute their
own patents. In Mueller's opinion, "retaliatory arsenals" -- portfolios of
patents with which an open-source entity might countersue a company like
Microsoft -- "could indeed make a major difference", although they "wouldn't
help against trolls that have no products of their own. And a strategic
aggressor could secretly arrange for such a troll to do the job." 

Like Perens, Mueller also believes that the only solution to the software
patent problem is new legislation: "If the same companies who are behind
those initiatives were serious about it, the problem could be solved
politically, but those organizations and especially their in-house lawyers
don't want to." Moreover, Mueller is worried that the OIN would primarily
"serve the interests of its five shareholders", some of whom might want to
gain "effective control over parts of the open-source universe". Developers
working on such well-known FOSS projects as the PHP programming language
seconded Mueller's views in their blogs.

On Friday, online newsletter Linuxgram cited an unnamed "informed source"
which said that the OIN's funding only amounted to $40 million, down
precipitously from the $280 million originally envisioned by its founders.
The newsletter claims that "in these days of billion-dollar settlements, $40
million just doesn't go very far" when one intends to acquire intellectual
property rights.

The OIN's shareholders include IBM, Sony, Philips, Novell, and Red Hat,
which according to an SEC filing kicked in half of the OIN's financing
alone. Nokia and Yahoo are reported to have dropped out between the OIN's
foundation and its first announcement. Matt Asay, a vice president of
open-source company Alfresco and former executive of Novell, said in his
weblog that the OIN is "shamefully underfunded":
http://weblog.infoworld.com/openresource/archives/2005/11/open_invention.htm
l 

Asay also says that the OIN's backers should either get serious about this
effort or "stop wasting our time and bandwidth on press releases".

Concerns over the OIN's funding as well as its agenda have previously been
voiced by analysts. A weblog quotes Laura DiDio, a Yankee Group research
fellow, as saying that the OIN's announcement raises more questions than it
answers:
http://www.informationweek.com/blog/main/archives/2005/11/new_linux_ventu.ht
ml

DiDio, who has been accused of spreading "FUD" (fear, uncertainty and doubt)
by some activists because of her long-standing concerns over IP issues for
Linux, added: "All you need is one successful suit against Linux for the
game to change."

Research firm Gartner also claims that the OIN "raises issues":  
http://www.gartner.com/DisplayDocument?doc_cd=136346

According to Gartner, "software patents pose the single largest threat to
the open-source software model", and "the Linux community will have few
defenses against the power of Microsoft, if the software giant should seek
to claim royalties from the use of allegedly misappropriated IP."

In a list of five recommendations for the OIN to succeed, Gartner calls on
the OIN to provide more information on its business model and the licensing
terms on which it plans to grant royalty-free usage rights to its patents.

NOTE: Florian Mueller founded the NoSoftwarePatents.com campaign in 2004
with the support of three corporate sponsors, and managed it until March of
2005. He then gave his website to the Foundation for a Free Information
Infrastructure (FFII), the leading European pressure group that opposes the
patentability of computer programs.

CONTACT INFORMATION
Florian Mueller
florian.mueller@nosoftwarepatents.com 


 


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<P style=3D"MARGIN-BOTTOM: 0cm" align=3Dcenter><B>EXPERTS DISPUTE EFFECTIVE=
NESS=20
OF<BR></B><B>OPEN-SOURCE PATENT POOLS</B></P>
<P style=3D"MARGIN-BOTTOM: 0cm" align=3Dcenter><I>Analysts, community leade=
rs and=20
campaigners comment skeptically<BR>on the Open Invention Network and the OS=
DL=20
Patent Commons --<BR>"Those announcements don't put us closer to a real=20
solution, but even further away"</I></P>
<P style=3D"MARGIN-BOTTOM: 0cm">(19 November 2005) &#8211; Recent announcem=
ents of the=20
Open Source Development Labs' (OSDL) <A=20
href=3D"http://www.patentcommons.org/">www.patentcommons.org</A> site and t=
he Open=20
Invention Network (OIN, <A=20
href=3D"http://www.openinventionnetwork.com/">www.openinventionnetwork.com<=
/A>)=20
claimed to reduce or even eliminate threats from software patents to open=
=20
source, but have come under fire from industry analysts as well as free and=
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open-source software (FOSS) advocates.</P>
<P style=3D"MARGIN-BOTTOM: 0cm">Florian Mueller, the founder of the=20
NoSoftwarePatents.com campaign that successfully opposed a European patent =
bill=20
this year, believes that "those announcements by the OIN and the OSDL gross=
ly=20
overstate the effectiveness of those partially ill-conceived approaches. By=
=20
misleading people they don't put us any closer to a real solution, but even=
=20
further away from one." </P>
<P style=3D"MARGIN-BOTTOM: 0cm">In a guest commentary on popular IT=20
discussion&nbsp;site Slashdot, Mueller explained his skepticism in detail:<=
BR><A=20
href=3D"http://yro.slashdot.org/article.pl?sid=3D05/11/15/1715235&amp;tid=
=3D166">http://yro.slashdot.org/article.pl?sid=3D05/11/15/1715235&amp;tid=
=3D166</A>=20
</P>
<P style=3D"MARGIN-BOTTOM: 0cm">He argues that certain patent-related promi=
ses=20
made by such companies as IBM, Sun and CA had serious shortcomings, but "ev=
en=20
the best pledges can't solve" a number of issues outlined in his position=
=20
statement. When the OSDL announced its Patent Commons project in August, it=
 was=20
also viewed as "spitting in the wind" by Bruce Perens, the author of the Op=
en=20
Source Definition, since the "enemies" of open source would never contribut=
e=20
their own patents. In Mueller's opinion, "retaliatory arsenals" -- portfoli=
os of=20
patents with which an open-source entity might countersue a company like=20
Microsoft -- "could indeed make a major difference", although they "wouldn'=
t=20
help against trolls that have no products of their own. And a strategic=20
aggressor could secretly arrange for such a troll to do the job." </P>
<P style=3D"MARGIN-BOTTOM: 0cm">Like Perens, Mueller also believes that the=
 only=20
solution to the software patent problem is new legislation: "If the same=20
companies who are behind those initiatives were serious about it, the probl=
em=20
could be solved politically, but those organizations and especially their=
=20
in-house lawyers don't want to." Moreover, Mueller is worried that the OIN =
would=20
primarily "serve the interests of its five shareholders", some of whom migh=
t=20
want to gain "effective control over parts of the open-source universe".=20
Developers working on such well-known FOSS projects as the PHP programming=
=20
language seconded Mueller's views in their blogs.</P>
<P style=3D"MARGIN-BOTTOM: 0cm">On Friday, online newsletter Linuxgram cite=
d an=20
unnamed "informed source" which said that the OIN's funding only amounted t=
o $40=20
million, down precipitously from the $280 million originally envisioned by =
its=20
founders. The newsletter claims that "in these days of billion-dollar=20
settlements, $40 million just doesn't go very far" when one intends to acqu=
ire=20
intellectual property rights.</P>
<P style=3D"MARGIN-BOTTOM: 0cm">The OIN's shareholders include IBM, Sony, P=
hilips,=20
Novell, and Red Hat, which according to an SEC filing kicked in half of the=
=20
OIN's financing alone. Nokia and Yahoo are reported to have dropped out bet=
ween=20
the OIN's foundation and its first announcement. Matt Asay, a vice presiden=
t of=20
open-source company Alfresco and former executive of Novell, said in his we=
blog=20
that the OIN is "shamefully underfunded":<BR><A=20
href=3D"http://weblog.infoworld.com/openresource/archives/2005/11/open_inve=
ntion.html">http://weblog.infoworld.com/openresource/archives/2005/11/open_=
invention.html</A>=20
</P>
<P style=3D"MARGIN-BOTTOM: 0cm">Asay also says that the OIN's backers shoul=
d=20
either get serious about this effort or "stop wasting our time and bandwidt=
h on=20
press releases".</P>
<P style=3D"MARGIN-BOTTOM: 0cm">Concerns over the OIN's funding as well as =
its=20
agenda have previously been voiced by analysts. A weblog quotes Laura DiDio=
, a=20
Yankee Group research fellow, as saying that the OIN's announcement raises =
more=20
questions than it answers:<BR><A=20
href=3D"http://www.informationweek.com/blog/main/archives/2005/11/new_linux=
_ventu.html">http://www.informationweek.com/blog/main/archives/2005/11/new_=
linux_ventu.html</A></P>
<P style=3D"MARGIN-BOTTOM: 0cm">DiDio, who has been accused of spreading "F=
UD"=20
(fear, uncertainty and doubt) by some activists because of her long-standin=
g=20
concerns over IP issues for Linux, added: "All you need is one successful s=
uit=20
against Linux for the game to change."</P>
<P style=3D"MARGIN-BOTTOM: 0cm">Research firm Gartner also claims that the =
OIN=20
"raises issues":&nbsp;<SPAN class=3D156043510-19112005><FONT face=3DArial=
=20
color=3D#0000ff size=3D4>&nbsp;<BR></FONT></SPAN><A=20
href=3D"http://www.gartner.com/DisplayDocument?doc_cd=3D136346">http://www.=
gartner.com/DisplayDocument?doc_cd=3D136346</A></P>
<P style=3D"MARGIN-BOTTOM: 0cm">According to Gartner, "software patents pos=
e the=20
single largest threat to the open-source software model", and "the Linux=20
community will have few defenses against the power of Microsoft, if the sof=
tware=20
giant should seek to claim royalties from the use of allegedly misappropria=
ted=20
IP."</P>
<P style=3D"MARGIN-BOTTOM: 0cm">In a list of five recommendations for the O=
IN to=20
succeed, Gartner calls on the OIN to provide more information on its busine=
ss=20
model and the licensing terms on which it plans to grant royalty-free usage=
=20
rights to its patents.</P>
<P style=3D"MARGIN-BOTTOM: 0cm">NOTE: Florian Mueller founded the=20
NoSoftwarePatents.com campaign in 2004 with the support of three corporate=
=20
sponsors, and managed it until March of 2005. He then gave his website to t=
he=20
Foundation for a Free Information Infrastructure (FFII), the leading Europe=
an=20
pressure group that opposes the patentability of computer programs.</P>
<P style=3D"MARGIN-BOTTOM: 0cm">CONTACT INFORMATION<BR>Florian Mueller<BR><=
A=20
href=3D"mailto:florian.mueller@nosoftwarepatents.com">florian.mueller@nosof=
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