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Open Patent Sharing for Linux

Ars Technica notes that IBM, Sony, Philips, Novell, and Redhat have launched the Open Invention Network, a patent sharing company for Linux and Linux related applications:

Open Invention Network logo

The OIN patents are available, royalty-free, to anyone that agrees not to use Linux-related patents against other OIN participants. Any company that wishes to take advantage of the OIN patents would effectively have to make their own Linux-related intellectual properties available to the open source community. The OIN will estimulate Linux development and derail lawsuits that could potentially harm Linux and companies that rely upon Linux technologies.


I like the thinking here. It’s very copyleft, very viral in a sense. So now those that work with Linux and release it have to share the code under the GPL and all other intellectual property rights. Meanwhile, it seems that this does not preclude the patent owners from blocking other non-Linux related applications from using their patents. Will patents given to and purchased by the Open Invention Network be permitted to be used royalty-free in all other open source applications? I would say that potentially, this is a very unique form of enclosure which preserves a specific public commons but could be exclusive of all other use.

in CYBERDASH

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