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.
Thread beginning with comment 453901
To view parent comment, click here.
To read all comments associated with this story, please click here.
RE[2]: OIN
by lemur2 on Fri 17th Dec 2010 06:03 UTC in reply to "RE: OIN"
lemur2
Member since:
2007-02-17

You misunderstand what OIN is (maybe Groklaw does as well, I can't say as I've not read their stuff). OIN owns patents donated to it by it's members. It does not own or license all patents held by it's members. It's fair to say none of those Novell patents that were purchased are owned by OIN (otherwise they would not be Novell's to sell). The patent list OIN owns is here ... http://www.openinventionnetwork.com/pat_owned.php ]{


OIN does own some patents in its own right (it buys them using donated funding).

http://en.wikipedia.org/wiki/Open_Invention_Network
The Open Invention Network (OIN) is a company that acquires patents and licenses them royalty free to entities

...

OIN holds the Commerce One Web services patents (previously acquired by Novell for $15.5 million)


Your list:
http://www.openinventionnetwork.com/pat_owned.php
... I can't say if OIN actually purchased all of these, or if some were simply donated directly, but OIN owns them now.

Other patents (owned by members, not owned by OIN) are licensed by OIN members to each other.
http://en.wikipedia.org/wiki/Open_Invention_Network
entities which, in turn, agree not to assert their own patents against Linux and Linux-related systems and applications.


Groklaw's understanding, as explained to PJ when she contacted the OIN:
http://www.groklaw.net/article.php?story=20101206205654916&query=88...
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.


OIN's understanding:
http://www.openinventionnetwork.com/pat_license.php

OIN® grants patent license to licensee
– All OIN patents and applications for all products
Licensee grants patent license to OIN®
All licensee patents and applications for the Linux System
Licensee grants license to other current and future licensees
All licensee patents and applications for the Linux System


As far as I can tell, Wikipedia, Groklaw and the OIN all understand it fine, and it is you who have misunderstood.

Edited 2010-12-17 06:20 UTC

Reply Parent Score: 6