Linux-Watch
      . . . keeping an eye on the penguin   
Home  |  News  |  Forum  |  Blogs  |  Videos  |  Resource Library

Keywords: Match:
Linux patent program finances "defensive publications"
Dec. 11, 2008

Patent holding company Open Invention Network (OIN) has launched a "Linux Defenders" program, co-sponsored by the Software Freedom Law Center (SFLC) and the Linux Foundation (LF). The program is designed to make prior art more readily accessible to patent and trademark office examiners, says OIN.

Linux Defenders aims to increase the quality of granted patents, and reduce poor quality patents, says OIN. Specifically, it plans to:
  • solicit prior art to enable the rejection of poor quality patent applications
  • solicit prior art to enable the invalidation of poor quality issued patents
  • solicit high quality inventions that can be prepared as patent applications or defensive publications
OIN was established by IBM, Sony, Philips, Novell, and Red Hat back in 2005, and has since been joined by NEC. The company acquires patents and licenses them royalty-free to companies that agree not to enforce their own patents against Linux and "certain Linux-related applications," says OIN.

Defending against trolls and strategics

To limit bogus patent claims, Linux Defenders will finance and organize "defensive publications" that establish a body of new prior art by placing it into the public domain. Examiners can then use these publications to improve patent application screening, thereby theoretically leading to higher patent quality. Endorsed by the United States Patent & Trademark Office (USPTO), defensive publications are said to provide a form of preemptive disclosure that prevents other parties from obtaining a patent.

Linux Defenders is developing a set of Web-based forms that let non-attorneys generate defensive publications. It will also offer direct consulting, and establish a "Wiki"-like contribution model that calls upon community involvement. Linux Defenders will then post the publications to the IP.com database. The services are free to contributors of prior art or inventions, says the group.

Linux Defenders is also helping to extend two programs developed by the Center for Patent Innovations at the New York Law School. The Peer-to-Patent program, developed with the USPTO, offers a public forum for contributing information relevant to pending patent applications. The Post-Issue Peer-to-Patent uses a similar community-based peer review approach to patents that have already been issued.

Stated Eben Moglen, chairman of the SFLC, "The Software Freedom Law Center is pleased to co-sponsor Linux Defenders with the goal of ridding the world of patents that unscrupulous organizations use to cripple the innovation inherent in freely redistributable, open source software."

Stated Jim Zemlin, executive director of the Linux Foundation. "The open source community is getting an IP rights tool that will limit distractions created from organizations that like to play the FUD game."

Stated Keith Bergelt, CEO of OIN, "This landmark program will benefit open source innovation by significantly reducing the number of poor quality patents that might otherwise be used by patent trolls or strategics."

More information on Linux Defenders may be found here. OIN's site may be found here.


Related Stories:

7 Advantages of D2D Backup
For decades, tape has been the backup medium of choice. But, now, disk-to-disk (D2D) backup is gaining in favor. Learn why you should make the move in this whitepaper.

4 Legal Reasons to Control Internet Access
The Internet is obviously a valuable resource for many organizations. However, many are exposed to legal liability concerns because they fail to control Internet access. Learn if you're safe in this white paper.

Rapidly Resolve J2EE Application Problems
Whether you are in the process of building J2EE applications or have J2EE applications already running in production, you must ensure that they deliver the expected ROI. Learn how in this white paper.

Load Testing 2.0 for Web 2.0
There are many unknowns in stress testing Web 2.0 applications. Find out how to test the performance of Web 2.0 in this white paper.

Build Better Games Online
For the game infrastructure providers, life is complex. Making money from games has become more complicated. Why? Find out in this white paper.

Building a Virtual Infrastructure from Servers to Storage
This white paper discusses the virtual storage solutions that reduce cost, increase storage utilization, and address the challenges of backing up and restoring Server environments.

Gaining Faster Wireless Connections with WiMAX
Welcome to what is quickly becoming the hyperconnected world where anything that would benefit from being connected to the network will be connected. Learn more in this white paper.

Is Your Desktop a Security Threat?
The new wave of sophisticated crimeware not only targets specific companies, but also targets desktops and laptops as backdoor entryways into those business’ operations and resources. Learn how to stay safe in this white paper.

Increasing SAN Reliability by 100 Percent
Storage area networks (SAN) are a strong part of storage plans. Learn how to increase your reliability and uptime by 100 percent in this case study.

 

Got a HOT tip?   please tell us!
ADVERTISEMENT
(Advertise here)
Latest Linux-Watch Posts

• Debian plans draw sharp warning from GNU guru
• OpenSource World announces keynote speakers
• Linux 2.6.30 gets new filesystems
• Intel to buy Wind River for $884 million
• Apple sued for squelching wiki chat
• Microsoft's TomTom patents posted for patent review
• Europe tops global open source survey
• Oracle buys Sun -- may jettison MySQL
• Sun virtualization technology adds VM exports
• Is Linux ready to go to FAT camp?
More Linux-Watch posts

DesktopLinux headlines:
• Can FAT patch avoid Microsoft lawsuits?
• Debian plans draw sharp warning from GNU guru
• LiveUSB version of OLPC software targets netbooks
• Virtualization software goes multi-processor
• Open source show gears up with 200 sessions
• Office suite released in netbook version
• Scalix gains mobile device synchronization
• OpenSource World announces keynote speakers
• Ubuntu added to online preview site
• Linux 2.6.30 gets new filesystems
More DesktopLinux news
LinuxDevices headlines:
• Carrier adds new Android phone
• Panel PC uses "two Watt" x86 SoC
• Network security appliances use Atom N270
• Watertight computer sports dual-core Atom
• Palm responds to Apple iTunes threat
• Low-power ARM9 SBC supports Linux
• OpenSource World announces keynote speakers
• IDE rev'd for improved multi-core debugging
• Open source Carrier Grade Linux middleware rev'd
• ARM9 SoC targets touch-capable auto and industrial devices
More LinuxDevices news
Dev Shed Dev Shed
Powered By Dev Shed

Linux conquers smartphones!

...read all about 'em
Visit the...

news feed
Home  |  News  |  Forum  |  About  |  Contact
 

Ziff Davis Enterprise Home | Contact Us | Advertise | Link to Us | Reprints | Magazine Subscriptions | Newsletters
Tech RSS Feeds | White Papers | ROI Calculators | Tech Podcasts | Tech Video | VARs | Channel News

Baseline | Careers | Channel Insider | CIO Insight | DesktopLinux | DeviceForge | DevSource | eSeminars |
eWEEK | Enterprise Network Security | LinuxDevices | Linux Watch | Microsoft Watch | Mid-market | Networking | PDF Zone |
Publish | Security IT Hub | Strategic Partner | Web Buyer's Guide | Windows for Devices

Developer Shed | Dev Shed | ASP Free | Dev Articles | Dev Hardware | SEO Chat | Tutorialized | Scripts |
Code Walkers | Web Hosters | Dev Mechanic | Dev Archives | igrep

Use of this site is governed by our Terms of Service and Privacy Policy. Except where otherwise specified, the contents of this site are copyright © 1999-2009 Ziff Davis Enterprise Holdings Inc. All Rights Reserved. Reproduction in whole or in part in any form or medium without express written permission of Ziff Davis Enterprise is prohibited. Linux is a registered trademark of Linus Torvalds. All other marks are the property of their respective owners.