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No court cases have been filed, but the issue is serious enough that several companies have pledged not to use their patent portfolios against the open source operating system.
An industry consortium devoted to Linux, Open Source Development Lab (OSDL) has decided to coordinate this process. OSDL launched a Web site last week to help developers check which patents have been pledged. Patent Commons contains more than 500 patents so far, but that may not be enough to significantly affect the problem.
Some activists have claimed that the whole concept of patent pledges is misguided. ZDNet UK spoke with OSDL Chief Executive Stuart Cohen to understand the wider aims of the project.
Q: Why have you launched Patent Commons today?
Cohen: Over the past
year, several companies have made patent pledges, showing their commitment to
the open source community in different ways. In August we announced we would
create Patent Commons, and this is the public launch naming our partners.
What does Patent Commons offer?
It gives IT professionals and
vendors a single place to go to see which patents have been pledged; it's a
leaping-off point from where they can drive added value.
But presumably developers still can't be sure that they won't infringe
patents that haven't been pledged?
Yes, there are so many patents out
there, so people may still infringe. This is the first step forward.
Which companies are supporting the Patent Commons?
We're being
supported by Intel, IBM, Sun, Computer Associates, Nokia, Ericsson and Red
Hat--they've all pledged their support publicly.
Is more support still needed?
We hope that these companies will
make more patents available over time and that more companies will join.
Why aren't there more already?
It's a question of education and
awareness.
Are there any particular companies you'd like to see join?
We would
like to see Microsoft make some of its patents available. Microsoft is still evaluating
where open source and open standards fit into its strategy, and they've been
hearing from a number of customers who want interoperability between Windows on
the server and Linux on the server.
Isn't Microsoft the big enemy? If anyone's going to bring legal action
against Linux for alleged patent violation...
A lot of people who have a lot of
patents have looked at this issue, and nothing's come of it. It's now a question of how we can make developers more productive.
You aren't worried that Linux could be hit by an intellectual property
infringement case?
What was once a fear has now gone.
The Open Source Risk Management group claimed last year that Linux
potentially violated over 200 patents. Are those patents all included in the
Commons?
We can't say that. Those patents were never actually named, so
no one knows which ones they are.
You're still confident that Linux is protected?
There's always
been a suspicion that some of those patents were held by Microsoft. So, as
Microsoft has not pledged any patents to the open source community, this could
be an issue. But, our customer advisers speak to people, including major
customers who run both Windows and Linux, and they say it's not an issue.
Which other companies would you like to join the Commons?
There
are several, including HP, Oracle, SAP, NEC. But now that the Commons is out
there, giving developers a single place to check patents that have been
pledged...who cannot support that?
What's the incentive to pledge patents in this way?
Pledging
patents creates the opportunity for more software, hardware, services to be
developed around Linux.
So what's the difference between Patent Commons and the Open Innovation
Network?
The two initiatives are complementary but different. The Open
Innovation Network is acquiring patents and offering them on a license-free
basis. Although we may acquire a few patents, with Patent Commons the companies
involved continue to own their patents.
We both have the intention of accelerating Linux--while they are Linux-only, we are supporting Linux and open source. It's a very compatible partnership.
Is there any crossover?
No, but they could pledge their patents to
Patent Commons.
Would you like them to do that?
We'd probably expect them to, but
we don't know it as a fact.
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