OIN Marks 20 Years Of Defending Linux And Open Source From Patent Trolls

Arthur T Knackerbracket has processed the following story:

Today, open-source softwarepowers the world. It didn't have to be that way. The Open Invention Network's (OIN) origins are rooted in a turbulent era for open source. In the mid-2000s, Linux faced existential threats from copyright and patent litigation. Besides, the infamous SCO lawsuit and Microsoft's claims that Linux infringed on hundreds of its patents cast a shadow over the ecosystem.

Business leaders became worried. While SCO's attacks petered out, patent trolls-- formally known as Patent Assertion Entities (PAEs) -- were increasing their attacks. So,open-source friendly industry giants, including IBM, Novell, Philips, Red Hat, and Sony, formed the Open Invention Network (OIN) to create a bulwark against patent threats targeting Linux and open-source technologies. Founded in 2005, the Open Invention Network (OIN) has evolved into a global community comprising over 4,000 participants, ranging from startups to multinational corporations, collectively holding more than three million patents and patent applications.

At the heart of OIN's legal strategy is a royalty-free cross-license agreement. Members agree not to assert their patents against the Linux System, creating a powerful network effect that shields open-source projects from litigation. As OIN CEO Keith Bergelt explained, this model enables "broad-based participation by ensuring patent risk mitigation in key open-source technologies, thereby facilitating open-source adoption."

This approach worked then, and it continues to work today.

As more companies realized the value of open source, they joined in increasing numbers. Indeed, in 2018,Microsoft not only joined the OIN, but the company also shocked the world by offering its entire 60,000 patent portfolio to all of the open-source patent consortium's members.

Why? Because it made good business sense. As Microsoft VP and Deputy General Counsel Burton Davis explained in 2022: "Microsoft is committed to open source, and continues to invest and collaborate across the broad open-source landscape. As a beneficiary and active participant in the open-source ecosystem, Microsoft is committed to doing its part, together with the broader open-source community, to protect this valuable resource from patent risk and other challenges."

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