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IBM Opens Their Patent Portfolio to Open Source
Posted by
CowboyNeal
on Tue Jan 11, 2005 12:24 AM
from the leading-by-example dept.
from the leading-by-example dept.
kfiller writes "IBM announced that over 500 of their currently held software patents will be freely available to use for those who are working on open source projects (NY Times, free registration required), with the hope that more companies will do the same. More information is available at SourceLicense."
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Sweet! (Score:5, Interesting)
Re:Sweet! (Score:5, Funny)
Parent
Re:Sweet! (Score:5, Funny)
It is the most powerful operating-system for Pee Cees. It looks not as gay as Mac OS X by Steve B10 Jobs and has 1,0000,0000 times more softwares that the Linus-operating-system.
Plus, it comes with every Pee Cee for free. People who have grown acusstomt to paying RatHat 699 $$$ or more can hardly beleive this when I consult them with my proffesional Internet- and Network-Service-Center-Bureau.
I always tell them:
"Windows XP Home Edition is all you can empower to leverage the outcome-bottomlime of your stickholder
My customers usually are like: "OMG!"
You should really try it one day; it has a very nice light-reddish color theme to hit your tastes.
Thank you!
Parent
Re:Sweet! (Score:5, Insightful)
However, the parent was unintentionally insightful as to the reasons why people stick with XP. Frankly everyone THINKS Windows comes "free" with every PC. When we market Linux as "free" (either freedom or price) they think, but we got XP for free too. And when they consider that some "free" versions of Linux actually costs about £5 for the disks. suddenly it doesnt look so "free". They do not know the true cost of Windows (£100 over here in the UK).
I am not sure about what its like in USA, but if you go to PCWORLD (Our big Computer Chain Store). You will see Windows XP Professional often featuring somewhat more prominently than XP Home. And where XP Home / MCE is available, it is sold as an "upgrade". The impression customers get is that the XP home that comes with a new computer is "free" and part of the computer, and there is an offer to "upgrade" the computer by purchasing Pro.
Those who dont have Windows XP, see the XP Home upgrade edition as a kind of upgrade that makes their computer's 10x more powerful. This then causes dissapointment. Which is why the salesmen try to peddle a new computer with XP Home pre-installed. Imagine the marketing for this: Either you can purchase this Xp Home for £100 which may run slower on YOUR computer, or you can get for £500 this funky new powerfull multimedia computer with printer, and scanner, and it comes with XP already to go. You can imagine what most customers are doing. This sort of selling technique does give the impression that XP is "free" (just look at the costs)
As for Linux, where customers have actually heard about it, they think that its "not for THEIR Packard Bell/HP/Dell PC's" and that you need a special PC to run it.
Its not that surprising when you consider that if they have ever seen Linux run, its on a custom PC by an enthusiast, and not something that they see in PCWorld.
The point I am trying to make, is that the Parent poster played the role of a typical PCWORLD saleman, and while things are like that, XP will continue to rule.
Parent
Re:Sweet! (Score:5, Insightful)
Me too. It is surprising and inspiring to see IBM doing this.
Open source today is like bell bottoms in 1950. It wasn't cool just yet.
IBM is way ahead of the other heavyweights in recognizing a trend and getting ready to capitalize on it.
My business [slimdevices.com] is deeply involved in open source. When I explain our strategy to people such as our silicon vendors, they chuckle, and I'm sure they look at me like some kind of hippie pinko, and not the greedy capitalist that I'm proud to be. But it's getting easier - with guys like IBM backing OSS, we can look forward to a technology landscape where people are making money AND advancing technology instead of just ripping each other off.
Parent
Re:Sweet! (Score:5, Insightful)
Oh, and by the way -- considering that it's 500 patents out of 40,000, you've got a really strange definition of "most."
Parent
Get a clue (Score:4, Informative)
A friend of mine hacks Linux for IBM and the impression I get is that it is very popular. He's always being sent somewhere or other to install or configure some absurdly large sounding box or other.
Parent
Re:Get a clue (Score:5, Informative)
Both the zSeries and S/390 series. [ibm.com]
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Many ways (Score:5, Insightful)
Perahps the greater exposure of the patents will lead to more commercial adoption of some, also bringing in more money.
It's not "Giving away the IP library" as far as Wall Street is concerned because everyone knows you can't charge money for open source software! How could it compete against closed source stuff?
The reality we can keep between ourselves (though the final reality is that Wall Street will not even notice, I'm afraid).
Parent
Re:Many ways (Score:4, Interesting)
Which leads to a bit of a sticking point in this plan, unless the announcement is clearer than the NYT article. The BSD License is OSI approved. If I were to use some patented algorithm *shudder* in a BSD Licensed program, could someone take that and wrap it up in a closed source program? Or could they just take the non-patented code? Or would it reduce the BSD license to effectively another GPL by forcing the code to stay open?
Parent
Re:Sweet! (Score:5, Insightful)
It seems IBM forsees a future in which software is commoditized. This doesn't bother them because they sell lots and lots of hardware. It seems they believe they will sell even more hardware if people aren't "wasting" their money on software.
See the cycle? If much of the money that previously went to Redmond goes to them instead, do you see how they just might make a buck or two?
Open source changes the notion of who will make money. IBM has made major moves to make sure they will be the bennefactors of this change. They have a much better chance at dramatically increased riches than almost any other "linux vendor" you can name.
TW
Parent
Re:Sweet! (Score:5, Insightful)
People traditionally didn't buy big blue for the snaziest gear, they bought it so if something went wrong a reassuring man would arrive very quickly and fix it.
in a comoditised software world that model (with the hardware) will be more powerfull than ever.
Parent
Re:Sweet! (Score:5, Interesting)
This is a very good idea because IBM wants to stem away from guys like this [msn.com] and IP Hoarding companies [slashdot.org]. You can't sell what everyone has, so in order to protect its patents...IBM is freely distributing it, in effect trying to hit those IP hoarding companies where it hurts. I see stocks rising and money not being thrown away by IBM, but money thats coming to them for investments in their IP. IBM has been in the game a long time folks, and they have been playing the market right and setting market trends for years. I trust them....hell, I even work for them!
Parent
Re:Sweet! (Score:5, Informative)
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Re:Sweet! (Score:5, Insightful)
Parent
Re:Sweet! (Score:5, Insightful)
Responsible investing in companies that improve society, sure ... but irrationally throwing away your money?
Exactly how many open-source projects currently pay IBM for patent licenses? And how many do you expect to pay in future?
IBM is losing nothing here. What they have gained is a great deal of goodwill, and given open-source development a boost. Remember they have a great deal of experience in bulding upon open-source projects, where there competitors generally do not - so anything good for open-source is good for IBM at the moment.
This is a smart move by smart people, and it follows in the footsteps of other smart moves. This is an indicator that IBM really understands how open-source can help their business, and if IBM continue in this fashion, they will make a great deal of money while the rest of the world catches up with them in the open-source stakes.
That is why this encourages people to invest.
Parent
Re:Sweet! (Score:5, Insightful)
They don't do desktops.
They want consulting, and the better the GPL software is, the better they can compete against Novell with Suse, against Oracle, SAP and Sun.
Parent
Re:Sweet! (Score:5, Insightful)
The fact that this causes them to do something that you consider "good" is coincidental.
Parent
Re:Sweet! (Score:5, Insightful)
Read my sig. Evil is as evil does. If IBM is doing good then it makes the world a better place. It does not matter what their intentions are.
Acts are what matters. Acts are what we judge. If IBM gets to make a ton of money by doing good then more power to them. I will definately support that. The alternative is to try and make money buy lying, cheating, stealing, suing, and cpreading evil and chaos which is what MS and SCO does.
Why wouldn't you support IBM over MS/SCO? Really I want to know.
Parent
Re:Sweet! (Score:5, Funny)
Well, I did buy some MSFT, but I used some of my profits to buy a Mac with IBM processors, so it all works out...
Parent
Re:Sweet! (Score:5, Funny)
Yeah, that's the Republicans' job. <grins, ducks, and runs like hell>
Parent
Re:Sweet! (Score:5, Insightful)
Because IBM seems to have decided the future is in software services, not writing software. Let the geeks write the software then IBM will make a pile of money telling companies what software they need, putting all the bits together, installing it then maintaining it.
Parent
Re:Sweet! (Score:4, Insightful)
Personally, I applaude IBM's management for leveraging open source technology.
Parent
Reg-free sites (Score:4, Informative)
If you're afraid of registering at NYTimes.com, you can look at any of several other sites that have picked up the story [google.com].
Wow! (Score:5, Funny)
Good stuff, IBM!! *
* Google - please retract this post from the archives in 12 years when IBM turns into the new evil corporation again
Now *that's* cool. Thanks, IBM! (Score:5, Interesting)
Re:Now *that's* cool. Thanks, IBM! (Score:5, Informative)
Parent
With any luck, IBM is the first of many (Score:5, Insightful)
Whatever the intent of the patent system, right now its main use is for threatening other companies into cross-licensing agreements. Which is where Open Source comes a cropper, because it's not a legal entity that can enter into such agreements, and has no patents to cross-license.
But IBM's pledge works around that, by providing some patents for OSS to work with, and showing how to 'cross-licence' even without an OSS legal entity.
In fact, it might be the start of a 'viral' subversion of the patent system, in just the way that the GPL is for copyright. Imagine a time in a few years, where a lot of companies have done the same thing that IBM does. Each of those companies is then committed to the OSS patent pool, and can't threaten any OSS with a lawsuit on any particular patent without losing access to all the rest. And of course, the more companies that join in, the more patents are in the pool, and the more attractive it becomes.
What's important now is how other companies react to this now. If a few more come on board, this could be the Start Of Something Big!
Parent
Re:Now *that's* cool. Thanks, IBM! (Score:5, Insightful)
By first reading it is better than irrevocable. It is revocable only in the case that you take action against a free software project. Free software developers would seem to be able to use these 500 patents as a form of patent defence by saying: "Sue us and leave yourself liable to being stomped by IBM." Unfortunately you will have to convince IBM to litigate in your defence.
Parent
Re:Now *that's* cool. Thanks, IBM! (Score:5, Interesting)
Parent
Nice, now if only M$ would open their patents (Score:4, Funny)
Re:Nice, now if only M$ would open their patents (Score:5, Funny)
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If Microsoft did this.. (Score:5, Funny)
Re:If Microsoft did this.. (Score:4, Insightful)
If Microsoft did this or opened up their sources, it would be a MASSIVE boost for FOSS. The total peace of mind from patent worry and amount of extra code available... it would be a very good thing for the FOSS world.
But sadly it would also be a bad thing for Microsoft who would be shutting off half their future revenue. So it won't be happening.
Parent
sold my soul - read the article (Score:4, Interesting)
Personally I think they have the idea that software patents are going the way of the dodo and this is the easiest and best way of cashing in on what they have - and they have my vote in the race for smartest global corporation this mellenium.
Re:sold my soul - read the article (Score:5, Interesting)
Parent
Mmm... (Score:5, Funny)
Red-baiting Bill G. can kiss my heiny (Score:5, Insightful)
Father-in-law: You can't just give away your work! That doesn't make any sense!
Me: Maybe not to you, but IBM likes the idea so much that they're even letting us use their patents for free.
FIL: IBM? Really? Huh - they're not exactly a pack of hippies, are they?
One of the most conservative companies in the USA has publically and loudly proclaimed that sharing IP with your friends, neighbors, and even competitors is a good thing for profits (as long as you do it on level terms). Every time I hear some proprietary advocate spouting about how you can't make money by giving things away, I'm going to respond with "IBM says you're wrong" until they shut up or go away.
Hell Yeah (Score:4, Insightful)
The biggest benefit I see for this is that by opening their portfolio, the innovations they spearheaded are built upon by an army of thousands. Now that IBM are turning into a service company (which is evidenced by their sale of the PC division - they will concentrate on selling service with their big iron (good move IMHO)), the innovations they have already invested in will continue to reap them rewards because their "style" of computing is already compatible with whatever the FOSS community will bring to the table. Cool innovations for FOSS and rewards for IBM. Win-Win situation!
Who is Behind this? (Score:4, Interesting)
Is this something IBM has done of its own accord, or is there an organisation out there (eg. OSDL) driving this? Consequently, is IBM the only company to do this, or are they the first cab off the rank with other companies to follow quickly?
Anyone have some answers?
There is one litttle trick in the question... (Score:4, Interesting)
IANAL, but this looks obvious.
BSD? (Score:4, Interesting)
IBM could block the whole MS patent scare... (Score:5, Interesting)
MS is still a relative newcomer to patents, but IBM is an old pro. As there are surely hundreds or thousands of patents IBM owns that are used by Windows, Office, etc. and probably only dozens that IBM software would make use of, IBM has the strong hand and could do this.
Think of how Linux's growth could be helped over the next few years if the overhang of MS lawsuits was removed, and their ability to embrace and extend using patents was curtailed? Maybe I'm dreaming, but its a good dream!
What it is in it for IBM? (Score:5, Insightful)
Of course it is possible that the move is a pure PR stunt, and the patents are worthless anyway. But I'm not that cynical.
I have a question... (Prior Art) (Score:5, Interesting)
Imagine this scenario:
- party A releases Free Software program implementing some technique.
- party B patents the technique.
- party B releases the patent for free use in Free Software.
- party C challenges the patent claim, indicating A as author of prior art.
- A would definitely better like B to hold the patent in current state than C to have it challenged (A's program gets protected under the patent rights that way)
Can C succeed in challenging the patent claim?
Re:Why even patent anything? (Score:5, Insightful)
B) They don't have to worry about someone else patenting them
C) They're only opening them up for open-source projects, meaning IBM projects can use them and open-source projects can use them, but IBM's closed-source competitors can't.
Parent
IBM's strategy (Score:5, Insightful)
IBM's tactic: Apply for U.S. patents on methods used in software and then license them royalty-free for use in free software.
IBM's possible strategies behind the tactic:
Parent
Re:IBM's strategy (Score:5, Interesting)
Make it more difficult for those who only make software to compete with open-source, moving the software realm further to being primarily valuable to solutions companies, of which they are the most successful.
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On top of what everyone else has said. (Score:5, Interesting)
I guess it's a sort of "mutually assured destruction" which should stop discourage people from firing their lawyers off willy nilly.
The only thing I can think of is that strictly speaking such a revocable patent licence of any sort might make it unuseable under the current GPL.
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Proper link (Score:5, Informative)
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