Linked by Thom Holwerda on Thu 7th Oct 2010 14:55 UTC
Legal Speaking of patent lawsuits - somebody pointed out to me that both Oracle and Google are members of the Open Invention Network. This struck me as odd - doesn't the OIN license require you to promise not to assert your patents against Linux systems? And, uhm, isn't that kind of what Oracle is doing right now? Well, yes, they might be suing a Linux System - but they're not suing a Linux System as defined by the OIN.
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FlorianMueller
Member since:
2010-10-07

I believe that the OIN's arbitrary and constantly changing definition of the "Linux System" is a fundamental problem: http://fosspatents.blogspot.com/2010/06/oins-linux-system-only-cons...

I suggested four possible ways to address the problem (one of those ways consist of multiple measures, so all in all I made like a dozen suggestions).

The Oracle-Google situation proves that there is a problem: http://fosspatents.blogspot.com/2010/08/open-invention-network-oin-...
But this is just one of many symptoms, and the worst thing that could happen is for OIN to turn against open source competitors of its backers, such as against Linux distributions competing with Red Hat/Novell.

Reply Score: 2

JoeBuck Member since:
2006-01-11

The article Florian links to has a significant error, I think. The OIN definition of a Linux system includes a list of packages, and also says that it applies to "any predecessor or successor release". So it would appear that an OIN member can never sue GCC for patent violation, for example, since GCC is defined as a Linux system component (and yes, I can hear RMS gnashing his teeth over that).

Edited 2010-10-07 16:35 UTC

Reply Parent Score: 3

FlorianMueller Member since:
2010-10-07

Where does it say what you claim in terms of predecessor and successor versions covered? Please specify. If you say my article has an error, then you have a duty to substantiate this claim.

Reply Parent Score: 0