Pro-Linux group nabs Microsoft patents
A pro-open-source group said on Tuesday that it has acquired 22 patents recently sold by Microsoft--patents that the group said could have been used against Linux.
The Open Invention Network said that the patents were purchased from Microsoft by an entity known as the Allied Security Trust. OIN said it has now acquired the patents from AST, although it wouldn't say how much it paid.
"Today's announcement evidences OIN's continued commitment to acquire patents that may be relevant to Linux," OIN CEO Keith Bergelt said in a statement. "The prospect of these patents being placed in the hands of non-practicing entities was a threat that has been averted with these purchases, irrespective of patent quality and whether or not the patents truly read on Linux."
Allied Security Trust said it was pleased that OIN had bought the patents. "OIN's purchase ensures that these important patents will not be used by patent trolls or others seeking to disrupt Linux and the many companies and individuals advancing this important technology," AST Chief Executive Dan McCurdy said in a statement.
The Wall Street Journal reported on Monday that OIN was close to acquiring the former Microsoft patents.
In an interview, Bergelt said that his organization was not invited by Microsoft to directly participate in the bidding for the patents, raising the specter that Microsoft was more interested in selling to someone that might have targeted Linux as opposed to just maximizing the sales price for the patents.
"We were not offered an opportunity to participate in the bidding for this portfolio that Microsoft was selling," Bergelt said.
For its part, Microsoft confirmed that it sold the patents to AST in July, but declined to comment on the terms of the deal. Microsoft said that the patents were indeed ones that it had acquired several years ago in a deal with SGI.
"These patents were deemed to be non-core to our business and non-essential for our IP portfolio," Microsoft spokesman Michael Marinello said in a statement. "When an interested buyer for this technology was identified, after discussing it both internally and with the potential buyer, we felt this was the right direction to go in relating to these specific patents."
OIN began in 2005 and includes IBM, Sony, Red Hat and Google among its members. TomTom joined OIN earlier this year, during its now-settled patent spat with Microsoft.
Microsoft has long asserted that various implementations of Linux infringe on a number of its patents, however, until its suit against TomTom, Microsoft had never litigated any of those contentions. Linux-related claims were part of Microsoft's suit against TomTom.
Bergelt said OIN acquired the patents to try to help Linux-based companies avoid becoming targets for more legal action. "In this case it's not that we saw these patents as so fundamental that Linux was at risk," Bergelt said. "Our goal is to reduce the potential challenges that are associated with patents."
During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft. E-mail Ina. 
The sooner all software patents are invalidated, the better it is for everyone.
Let's start by having people move in your house and stay there for free.
That's a non-sequitur. You obviously have no arguments at all.
Just FYI, Linux is based on strong property rights. The GPL uses copyright to make sure that it stays free.
Now get lost, troll.
[CNET editor's note: Offensive language deleted.]
Let's see what happens next time MS tries to sell off its BS patents. Wanna bet that AST won't be invited and that there will be a new condition on the sale?
Search for the term, "Patent Troll" and you'll find a lot of fine examples.
Since these patents were bought with the purpose of keeping companies from being sued by using them as a base, I'll take your bet.
I'll bet no other company gets sued using these patents as a base for it.
So, are you saying that Microsoft is a patent troll?
Do yourself a favour. Look at 1) how long this groups has existed, 2) how many patents they already have and 3) how many times they or anyone around them have even attempted to make this argument.
You know you're in a weak position when you're having to speculate about what they might possibly maybe consider thinking of doing if they were that way inclined and the wind was north-easterly. Come back when they've actually done any of these things. Until then, you're just making snide insinuations based on nothing more than your own overactive imagination.
Outside of the usual patent disagreements, what processes and/or technologies do these specific patents cover? Why were they considered important? What risk did they pose for Linux or any *nix?
- by luke_marsh September 9, 2009 10:59 AM PDT
- Linux is getting quite good these days but still needs some improvement gone are the days of not knowing what password to put in after an install,messing up your other OS so much or not being able to connect on most systems.
- Like this Reply to this comment
-
(22 Comments)However Deb files and Rpm files ect could be replaced with a universal install format for a lot of the software out there to allow vendors to market their linux versions of software better as opposed to marketing more via a given linux distribution (I know it doesn't take much to call yourself a super user and run a shell script or to even call up the system to compile the source yourself but for some people this is one step to far and windows does all their stuff via a setup.exe) .
Also the Linux sound system needs simplification and modification plus bug fixing some more for the wider ordinance to make full use of it and to like using it.
On the other hand a lot of stuff for computing performance is new and can accommodate the well developed linux world quite well these days.
My suspicions are that Microsoft feel the coming bite as the user base creeps up on them and that the Linux is improving well on their windows compatibility. After all if a user can truly get a fully fledged easier to use power ready OS for free that will run all their old windows stuff then more will want in on Linux and Linux has and is improving a lot in these areas.