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IBM cages the dogs over Linux patent threat

But prospect of legal action still worries open source campaigner

Tom Sanders at LinuxWorld in San Francisco, vnunet.com 05 Aug 2004
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IBM has called upon the IT industry to refrain from using patents to challenge Linux and open source.

In an eerie reminder of SCO's litigation alleging that Linux infringes on its copyrights, a study by Open Source Risk Management (OSRM) released on Monday pointed out that the Linux kernel potentially infringes on 283 patents.

The report has come under criticism, partly because OSRM sells insurance policies that indemnify companies against patent claims against Linux, making the conclusions self-serving.

IBM has for years been the largest filer of patents. Together with other Linux backers such as HP and Cisco, IBM owns one third of the patents identified by OSRM.

"I can assure you that IBM has no intention of using its patents against the Linux kernel," IBM's senior vice president for technology and manufacturing, Nick Donofrio, told delegates at LinuxWorld.

"I would challenge the IT community at large to make a similar statement about enforcing their patents."

Although the IBM statement is intended to assure developers, open source advocate Bruce Perens wants additional guarantees that the company will keep its promise.

"I want to know that the Linux and open source developers like myself are safe from IBM's own patents. I would like a signed document to that effect," he said.

Perens, who is on the board of directors of OSRM, said he would keep pushing the subject until IBM ensured that its customers, and the open source developers who work on the products it sells, are not at risk from legal action.

"Which is not something that IBM tells their Linux and open source customers today," he added.

See also:

Linux cost issuesTCO issues may have hit project, suggests analyst  12 Aug 2004
Patent disputeCity adamant that it will continue plans to deploy 14,000 Linux desktops  06 Aug 2004
Daniel RavicherDaniel Ravicher, of Open Source Risk Management, tells vnunet.com why he believes the Linux kernel may infringe 283 patents  05 Aug 2004
LinuxWorld 2004Now in its sixth year, the LinuxWorld Conference and Expo is the largest event focusing on Linux and open source solutions for the enterprise.  03 Aug 2004
LinuxLinux is becoming the operating system of choice for an increasing number of corporates, and even the mighty Microsoft is acknowledging the threat ...  12 May 2004
Open source hero pushed corporation too far  10 Sep 2002

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