"The landscape just changed....Thank you, IBM. Thank you," writes Groklaw's editor-in-chief Pamela Jones, heralding the announcement yesterday that IBM will today announce that it's making 500 of its software patents freely available to anyone working on open-source projects like Linux.
"The Windows patent strategy is so over," adds PJ. "And the next time Bill Gates tries to call this new kind of software development a kind of modern-day communism, as he did so offensively the other day, people will simply laugh in his face."
The IBM plan, announced late yesterday, is to donate the 500 patents for free use by software developers - a move which Reuters immediately reported as "marking a major shift of intellectual property strategy for the world's top computer maker and a challenge to the high-tech industry."
Jim Stallings, IBM's vice president in charge of intellectual property, said in an interview - Reuters added -that the move was meant to encourage other companies to unlock patent portfolios in order to spur technological innovation.
The news agency drily noted that the donation "coincides with an announcement by the U.S. Patent and Trademark Office that IBM topped the list of annual patent recipients for the 12th straight year, with 3,248 patents -- or 1,314 more patents than No. 2-ranked Matsushita of Japan, known for its Panasonic brand."
Meantime the Washington Post is reporting his morning that Microsoft "has embarked on a campaign to quickly acquire as many software patents as possible. The effort is being led by Marshall Phelps, who spent more than 20 years at IBM and was the architect of its patent strategy."
Microsoft, the Post notes somewhat understatedly, "has warned customers that open-source software could infringe on Microsoft's patents."
The pledged patents have been posted on IBM's Web site at http://www.ibm.com/ibm/licensing/patents/pledgedpatents.pdf and the company says in its accompanyng statement:
IBM's Legally Binding Commitment Not To Assert the 500 Named Patents Against OSS
The pledge will benefit any Open Source Software. Open Source Software is any computer software program whose source code is published and available for inspection and use by anyone, and is made available under a license agreement that permits recipients to copy, modify and distribute the programs source code without payment of fees or royalties. All licenses certified by opensource.org and listed on their website as of 01/11/2005 are Open Source Software licenses for the purpose of this pledge..
Subject to the exception provided below, and with the intent that developers, users and distributors of Open Source Software rely on our promise, IBM hereby commits not to assert any of the 500 U.S. patents listed above, as well as all counterparts of these patents issued in other countries against the development, use or distribution of Open Source Software.
In order to foster innovation and avoid the possibility that a party will take advantage of this pledge and then assert patents or other intellectual property rights of its own against Open Source Software, thereby limiting the freedom of IBM or any other Open Source Software developer to create innovative software programs, or the freedom of others to distribute and use Open Source Software, the commitment not to assert any of these 500 U.S. patents and all counterparts of these patents issued in other countries is irrevocable except that IBM reserves the right to terminate this patent pledge and commitment only with regard to any party who files a lawsuit asserting patents or other intellectual property rights against Open Source Software
Early speculation among the FOSS community includes the thought that this move by IBM might be the start of a 'viral' subversion of the patent system, in just the way that the GPL arguably is for copyright.
"Imagine a time in a few years, where a lot of companies have done the same thing that IBM does," says
for example Andrew Giddings, a UK software developer. "Each of those companies is then committed to the OSS patent pool, and can't threaten any OSS with a lawsuit on any particular patent without losing access to all the rest. And of course, the more companies that join in, the more patents are in the pool, and the more attractive it becomes.'
About i-Technology News Desk SYS-CON's i-Technology News Desk trawls the world of Internet technologies for news and innovations and presents IT professionals with updates on technology advances, business trends, new products and standards.
Mike wrote: I never
really cared much about
IP until I started using
Linux about 2 years ago
and the more I learn the
more Pissed I get.
I read this story and
also went to view most of
the 500 Patent
IBM opended up. And I
can't believe that the
U.S. Patent Office is so
Dumb. Some of the Patens
are so crazy it would be
funny if they weren't
real. They are akin to (I
want a patent cause I got
in my black car and
drove to the store on a
certain path. So nobody
else can drive that way
in a black car unless
they pay me.) It's
complete BS! I say
there should not be IP or
any patents on it. Im a
programer in training and
as far as i care "ALL
YOUR" code is open for me
to learn from and use if
you don't like it to bad.
Make your code/program
Sell it if you can. If
not it wasn't good
enough. If someone else
later comes out with...
Michael wrote: Some of
them look good to me..
From the Press Release
and the list is on the
IBM web site.
http://www.ibm.com/news/u
s/en/2005/01/patents.html
I think some of the ones
they released are so they
can build better Open
Source Systems using IBM
Global Services without
getting stuck later.
It is a Leap in the right
direction, Also if MS
claims any of them and
tries to Sue the Open
Source Community. Then
IBM has a Right to Remove
it From the MS Collection
(MS has free use of all
IBM Patents and IBM has
Free Use of MS's). This
would break XP instantly
if not MS SQL. This new
clause makes it harder
for MS to stop IBM
Selling Open source
Boxes, and services.
Patents included in the
pledge relate to many
aspects of software
innovation. Several of
the patents cover dynamic
linking processes for
operating systems.
...
Mike Nelson wrote: IBM
has patents dating back
to near the beginning of
time, does anyone know
off hand how old any of
these patents are. If
all their doing is giving
up the rights on things
as old as DOS 3.1, of
what use is that to the
open source community.
Doubting Thomas? wrote:
///The Piltdown hoax
inspired David Hannum to
declare, "There's a
sucker born every
minute"... and IBM was
listening.///
Ouch! rather harsh, no?
Daniel Wallace wrote: >
The strength of the Open
Source licenses has
always
> been that they
were based on Copyright
law and in ten
> years no one has been
able to mount challenge
against
> them.
The Piltdown man was
"discovered" in 1913 and
wasn't
exposed as a fake
until fifty years later
in 1953.
The Piltdown hoax
inspired David Hannum to
declare, "There's a
sucker born every
minute"... and IBM was
listening.
Aussie John wrote: The
strength of the Open
Source licenses has
always been that they
were based on Copyright
law and in ten years no
one has been able to
mount challenge against
them.
The patent card was
always a worry and it was
only a matter of time
until Microsoft's stock
price drops to the point
where Microsoft
(themselves or through
another proxy like SCO)
would have initiated a
patent based attack.
IBM have signaled in the
past that they would use
their patent portfolio to
defend their open source
interests (principally
Linux and the GPL) and
this latest very public
statement of support for
open source in general is
very welcome.
Thank you IBM and you are
welcome to the profits
that result from
including open source in
your business plan.
Daniel Wallace wrote: IBM
knows full well that you
can't implement
a "public" license to
regulate derivative
works.
It's against
public policy. Those OSI
licenses
are prattling
nonsense.
Congress reserved the
sole right to regulate
copyrights in the public
domain by passing
section 301 of the
Copyright Act.
IBM just wants cuddly
little open-sourcers to
like it before it eats
them. The patent license
isn't worth the match
required to burn it.
Daniel Wallace
Per Abrahamsen wrote:
This is very good for
free sofwtare and it is
very good for the
economy. I love how IBM
apparently both get free
software, and is intend
of passing this
understanding to others.
It was seen in the Linux
prodigy commercial which
in very simple terms
explained the power of
free software to laymen,
and it is seen in this
quote from the article:
In recent speeches, for
example, Samuel J.
Palmisano, I.B.M.'s chief
executive, has emphasized
the need for more open
technology standards and
collaboration as a way to
stimulate economic growth
and job creation.
What I don't see is how
it directly help IBM. Of
course, economic growth
and job creation will
indirectly help IBM, as
IBM will likely take its
fair share of an
expanding economy.
However, that would put
"enligthened self
interest" to the extreme,
w...
geminidomino wrote: If I
were to use some patented
algorithm *shudder* in a
BSD Licensed program,
could someone take that
and wrap it up in a
closed source program? Or
could they just take the
non-patented code? Or
would it reduce the BSD
license to effectively
another GPL by forcing
the code to stay open?
femto wrote: Surely this
has been in the pipline
for a long time? Who is
behind it?
Is this something IBM has
done of its own accord,
or is there an
organisation out there
(eg. OSDL) driving this?
Consequently, is IBM the
only company to do this,
or are they the first cab
off the rank with other
companies to follow
quickly?
Anyone have some answers?
Dream Kid3 wrote:
///Think of how Linux's
growth could be helped
over the next few years
if the overhang of MS
lawsuits was removed, and
their ability to embrace
and extend using patents
was curtailed? Maybe I'm
dreaming, but its a good
dream!///
how right you are - and
you gotta have a dream,
because if you don't have
a dream, then how you
gonna have a dream come
true
smart move ibm wrote: IBM
is losing nothing here.
What they have gained is
a great deal of goodwill,
and given open-source
development a boost.
Remember they have a
great deal of experience
in bulding upon
open-source projects,
where there competitors
generally do not - so
anything good for
open-source is good for
IBM at the moment.
This is a smart move by
smart people, and it
follows in the footsteps
of other smart moves.
This is an indicator that
IBM really understands
how open-source can help
their business, and if
IBM continue in this
fashion, they will make a
great deal of money while
the rest of the world
catches up with them in
the open-source stakes.
an00n wrote: What would
be really cool is if IBM
reworked its cross
licensing agreements it
has with big companies
like Microsoft to say
that they can only use
IBM's patents if they
extend their cross
license to allow open
source products to be
used.
MS is still a relative
newcomer to patents, but
IBM is an old pro. As
there are surely hundreds
or thousands of patents
IBM owns that are used by
Windows, Office, etc. and
probably only dozens that
IBM software would make
use of, IBM has the
strong hand and could do
this.
Think of how Linux's
growth could be helped
over the next few years
if the overhang of MS
lawsuits was removed, and
their ability to embrace
and extend using patents
was curtailed? Maybe I'm
dreaming, but its a good
dream!
o'reor wrote: much as I
appreciate that decision
from IBM, I remain
skeptical about the real
potential of the licensed
patents.
A few months ago
I was working on a
project that required the
use of a particular data
compression method
(arithmetic coding),
because of its great
efficiency on the type of
data I was supposed to
process (uncompressed
output from various audio
codecs, including
experimental ones). IBM
owns no less than 19
patents on that algorithm
and its derivatives.
Sure, the first 3 of them
are expired by now, but
none of the others were
in the 500 list.
Data compression is one
of the areas where pure
software patents are
commonplace and very
annoying, which makes
your choices very narrow
when it comes to choosing
a compression method for
your projects.
bergeron76 wrote: This is
great. I think IBM should
be commended for this
(assuming it's for a
legit purpose).
This could be a huge
"cold-war" style arms/IP
race. These days when
people vote with their
wallets, it's nice to see
that viable candidates
are emerging...
Dave Taylor wrote: You
bet they know what
they're doing, and this
should serve as a kick in
the pants for Darl
McBride at SCO too. Read
my thoughts on it: http:/
/www.intuitive.com/blog/a
rchives/000913.html
Chuck Chunder wrote: It's
not anti-free market at
all. Patents distort a
free market by creating
artificial barriers to
entry.
Nor are the motives
"socialist" or
necessarily
"magnanimous". IBM's
contributions to Linux
could hardly be called
that because they make
them serious money. The
revocation clause also
buys something serious
for IBM. As long as you
use Open Source software
that employs these IBM
patents then you can't
sue another Open Source
project that IBM may rely
on (or created
themselves) for using
your own patents without
risking IBM pulling the
rug out from under you.
Releasing these patents
(if they are used) buys
IBM an additional degree
of legal
protection/ammunition for
the future.
Mark_MF-WN wrote: IBM is
a public company.
Anything they do, you can
bet it's to increase
profits (or drive down
competitors' profits).
I'll bet there's a really
bright plan behind this
-- no way it's just a
"socialist attitude" or a
"magnanimous move".
Shareholders wouldn't
stand for it.
tepples wrote: IBM's
tactic: Apply for U.S.
patents on methods used
in software and then
license them royalty-free
for use in free software.
IBM's possible strategies
behind the tactic:
* Encourage development
of free software for IBM
hardware and service
platforms.
* Fund
development of free
software with royalties
collected from publishers
of proprietary software
using the methods in
question.
* Protect free
software from patent
suits by retaliating
against those who use
patents against IBM or
against free software.
Nice job Stallings wrote:
The relative positions of
IBM and Microsoft now
become increasingly
distant. Now we know why
Sun cozied up with the
latter...it couldn't keep
up with the former. Shame
on you Sun, you should
have collaborated with
IBM on Java while you had
the chance - this kind of
moral high ground would
have been yours, with all
the business benefits
that will undoubtedly
accrue. Looks like Sun
missed a trick.
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It's only taken Borland
two years but it's
finally dumped its
CodeGear tools division,
responsible for Borland's
hereditary JBuilder,
Delphi and C++ Builder
lines as well as its new
web ventures into PHP and
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Embarcadero Technologies
is b
According to Sean Walsh,
President and CEO of
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Red Hat is a trusted
open source provider.
Red Hat offers enterprise
customers a long-term
plan for building
infrastructures on the
quality and innovation of
open source. Combining
open source operating
system platform, Red Hat
Enterprise Linux,
together with
applications, management
From Application
Virtualization to Xen, a
round-up of the
virtualization themes &
topics being discussed in
NYC June 23-24, 2008 by
the world-class speaker
faculty at the 3rd
International
Virtualization Conference
& Expo being held by
SYS-CON Events in The
Roosevelt Hotel, in
midtown 
Brian Stevens, the Chief
Technology Officer and
Vice President of
Engineering of Red Hat,
delivered his
Virtualization Keynote
'The Future of the
Virtual Enterprise' at
SYS-CON's Virtualization
Conference & Expo 2007
West in San Francisco.
'Virtualization is the
hottest subject today,
It's only taken Borland
two years but it's
finally dumped its
CodeGear tools division,
responsible for Borland's
hereditary JBuilder,
Delphi and C++ Builder
lines as well as its new
web ventures into PHP and
Ruby, said to be used by
7.5 million developers.
Embarcadero Technologies
is b
According to Sean Walsh,
President and CEO of
Skyway Software, 'Our
Skyway Community is
thriving and our members
are very talented. We
truly look forward to
their RIAs submittals and
Skyway Builder extensions
and are excited that all
of the contributions will
benefit the entire Skyway 
