Linked by Thom Holwerda on Thu 16th Dec 2010 21:57 UTC, submitted by poundsmack
Legal Well well well well well, paint me red and call me a girly scout. I've been saying for months now that there's much more collaboration between Apple and Microsoft than their respective fanboys want to believe, especially when it comes to fighting Google and Android, which both companies partly do via patent suits. More evidence for this has emerged today. Remember CPTN Holdings, the consortium led by Microsoft which bought that bundle of patents from Novell? Which other companies are part of this consortium? EMC. Oracle. Apple.
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by lemur2 on Thu 16th Dec 2010 23:05 UTC
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Apparently, according to Groklaw, when a company joins OIN they agree that all of their patents are available in perpetuity for all other memebrs of OIN to use.

Groklaw has published articles about this twice now.

This is the earlier one:

I have some important news for you. It's about those 882 Novell patents that are being sold to a Microsoft-organized consortium in connection with the sale of Novell to Attachmate. I've been worrying about those patents, and I was wondering what happens to Novell's license to the Open Invention Network after the sale. So I took the time to find out. And it's very good news.
Here's how it works. The patents of OIN members and licensees are licensed to each other royalty-free in perpetuity. Even on a sale, the license remains in force for all pre-existing members/licensees. If you are a member/licensee of OIN prior to the closing on the Novell deal, then, you are covered. The proposed closing date is January 23rd, so you still have time to join OIN and get the benefit of the license to those patents. Then, if Microsoft shows up at your door, you can say, "Thanks, but no thanks. I already have a license."

Google is a member of OIN. Therefore, Google already has a license for the 882 patents that Novell has sold.

Any company wishing to use Android simply needs to join OIN prior to january 23rd, and they too will have a license to the patents in question.

In perpetuity.

This is the latest piece on Groklaw:
So what's the common interest? "Let's all kill Android"? There's a limit on that, in that Google is also an Open Invention Network member, so it has a license to these Novell patents already.


By the way, Oracle is a member of OIN, so it knows how it works.

** I submitted an article about this to OSNews before, but somehow it didn't get put on the webpage.

Here is a list of OIN licensees, BTW:

Edited 2010-12-16 23:20 UTC

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