OIN Marks 20 Years of Defending Linux and Open Source From Patent Trolls

An anonymous reader quotes a report from ZDNet: Today, open-source software powers the world. It didn't have to be that way. The Open Invention Network's (OIN) origins are rooted in a turbulent era for open source. In the mid-2000s, Linux faced existential threats from copyright and patent litigation. Besides, the infamous SCO lawsuit and Microsoft's claims that Linux infringed on hundreds of its patents cast a shadow over the ecosystem. Business leaders became worried. While SCO's attacks petered out, patent trolls -- formally known as Patent Assertion Entities (PAEs) -- were increasing their attacks. So, open-source friendly industry giants, including IBM, Novell, Philips, Red Hat, and Sony, formed the Open Invention Network (OIN) to create a bulwark against patent threats targeting Linux and open-source technologies. Founded in 2005, the Open Invention Network (OIN) has evolved into a global community comprising over 4,000 participants, ranging from startups to multinational corporations, collectively holding more than three million patents and patent applications.

At the heart of OIN's legal strategy is a royalty-free cross-license agreement. Members agree not to assert their patents against the Linux System, creating a powerful network effect that shields open-source projects from litigation. As OIN CEO Keith Bergelt explained, this model enables 'broad-based participation by ensuring patent risk mitigation in key open-source technologies, thereby facilitating open-source adoption.' This approach worked then, and it continues to work today. Over the years, OIN's mission has expanded beyond Linux to cover a range of open-source technologies. Its Linux System Definition, which determines the scope of patent cross-licensing, has grown from a few core packages to over 4,500 software components and platforms, including Android, Apache, Kubernetes, and ChromeOS. This expansion has been critical, as open source has become foundational across industries such as finance, automotive, telecommunications, and artificial intelligence.

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