Linked by Thom Holwerda on Tue 6th Apr 2010 18:32 UTC
IBM And thus our true colours reveal. IBM made a patent pledge in 2005, promising not to sue open source projects over a list of 500 patents the computer giant holds. Today, however, IBM has threatened to sue TurboHercules, a French open source software house which provides support for the Hercules open source s390 mainframe emulator. Some of the patents in question are on the 500 list.
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RE: well...
by lemur2 on Wed 7th Apr 2010 03:06 UTC in reply to "well..."
lemur2
Member since:
2007-02-17

Some of the patents in question are on the 500 list Some....doesn't that mean that if they decided to not sue about those specific patents that they could still sue for the other patents not included among these patents? Perhaps the promise not to sue about them includes the clause that you might be entitled to use them providing you aren't infringing on any of IBM's other patents. Just a thought.... it's pretty rotten to do, but if there are other patents in question.... I can see where all bets would be off.


Well, FOSS projects could argue along the lines of "IBM claims that it encourages Open Source".

From their pledge:
IBM is committed to promoting innovation for the benefit of our customers and for the overall growth and advancement of the information technology field. IBM takes many actions to promote innovation. Today, we are announcing a new innovation initiative. We are pledging the free use of 500 of our U.S. patents, as well as all counterparts of these patents issued in other countries, in the development, distribution, and use of open source software. We believe that the open source community has been at the forefront of innovation and we are taking this action to encourage additional innovation for open platforms.


So, given that IBM pledge, and that earlier action, an Open Source project can now claim it is two-faced of IBM to now attack an Open Source project using its patents. Any of its patents.

I think the legal term is "estoppel" or something like that.

http://en.wikipedia.org/wiki/Estoppel

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