Open Invention Network Comments On Article In Fortune
New York (May 15, 2007) - Jerry Rosenthal, chief executive officer of Open Invention Network, issued the following statement today:
"A recent article in Fortune Magazine raises - or more precisely, re-raises - tired, old allegations about the Linux operating system for the sole purpose of perpetuating unwarranted fear, uncertainty and doubt among current and potential Linux users and distributors.
This is not the first time that unsubstantiated claims of patent infringement have been leveled at Linux. Moreover, just as in the past, these claims are made without disclosing any evidence. It's time to stop the accusations and show the evidence. What's happening with these accusers is the equivalent of declaring four aces while being unwilling to show even a pair of deuces.
It's clear that these accusations are actually an admission of the rapid uptake of Linux in the marketplace, Linux' success in displacing legacy products of competitors and that Linux provides superior software in performance, security and stability.
Here are some facts to provide clarity around Linux and patents:
* There never has been a patent lawsuit against Linux. Never.
* Linux has excellent intellectual property vetting.
* Linux has thousands of high-quality, dedicated programmers.
* Linux creates a robust, secure computer operating environment.
In less than a year, OIN has accumulated more than 100 strategic, worldwide patents and patent applications that span Web / Internet, e-commerce, mobile and communications technologies. These patents are available to all as part of the free Linux ecosystem that OIN is creating around, and in support of Linux. We stand ready to leverage our IP portfolio to maintain the open patent environment OIN has helped create."
About Open Invention Network
Open Invention Network is an intellectual property company formed to further the Linux System by acquiring patents and ensuring their availability. It promotes a positive, fertile ecosystem for Linux, which in turn drives innovation and choice in the global marketplace. Open Invention Network has considerable industry backing. It was launched in 2005, and has received investments from IBM, NEC, Novell, Philips, Red Hat and Sony. For more information, go to
www.openinventionnetwork.com.
Source: *www.openinventionnetwork.com/press_release.php
In the wake of the unveiling of 235 Microsoft patents that Linux allegedly infringes on, we've seen a lot of heated responses, most of them expressing skepticism as to whether Microsoft will actually take open-source users to court and questioning the company's motives. The consensus on the web seems to be that this is more of a marketing move than a legal one: in the face of underwhelming Vista sales, the company has decided to coerce enterprises using fear, uncertainty and doubt. After all, if Microsoft was really interested in litigation, wouldn't it have simply served up subpoenas or at the very least, announced exactly which patents Linux violates? "I think it's as much a marketing move as anything else," Mark Wine, an IP lawyer and partner at McDermott Will & Emery LLP in Los Angeles said. "If you're really serious, you sit down and have a discussion, and you tell [open-source users] which patents, or you sue them." Open-source vendors don't seem too worried either. "Our confidence in our technology and protections for customers remains strong and has not wavered," Linux distributor Red Hat said in a statement.
Source: *www.dailytechrag.com/story/linux-users-aren-t-afraid-of-microsoft-s-patents/2007-05-15
