Nokia Announces Patent Support to the Linux Kernel 243
Mictian writes "In conjunction with the introduction of Nokia's Linux Handheld mentioned earlier today, Nokia Corporation announced today that it allows all its patents to be used in the further development of the Linux Kernel. Nokia says, that it believes that open source software communities, like open standards, foster innovation and make an important contribution to the creation and rapid adaptation of technologies. And that the investment made by so many individuals and companies in creating and developing the Linux Kernel and other open source software deserve a framework of certainty."
Good game Nokia! (Score:5, Interesting)
I'd like to be the first to applaud Nokia. This certainly will win many people over into development circles with their technology and without the fear of litigation that's obvious within OSS development, this will welcome innovation, change and support in ways that aren't available to the traditional software company.
The above statement made in bold is what worries me, however. What kind of allowance by way of announcement will be made for allowing certain new functionality? Is this a COA statement made so that they can keep their investors/company happy and alive or something else?
Which patents is linux infringing upon? (Score:5, Interesting)
I'm personally wondering which patents they claim were being infringed upon. Are there legitimate patent concerns, or is this Nokia trying to position themselves for something else? Neither the liked article or the press release (http://www.nokia.com/iprstatements [nokia.com]) mention any specific patents.
Kind of vague first baby step (Score:5, Interesting)
It only applies to current patents, and (IIRC) current interpretations of those patents.
But at least it sounds good enough to whack Redmond.
Re:Way to go Nokia (Score:5, Interesting)
With respect to new functionality introduced into future Linux Kernel releases, Nokia reserves the right to declare that the Patent Statement shall not apply.
In short, Nokia says "we give you a new toy today, but we can always take it away from you later". Which means neither Linus or anybody else should touch it...
Much ado about nothing (Score:3, Interesting)
Re:Good game Nokia! (Score:3, Interesting)
sure, this is a step, but it's very small. i would give them a lot of credit if they came out and said "we're never going to sue anyone infringing on our software patents"
Most interesting part to me (Score:5, Interesting)
Correct me if I'm wrong, but I believe that this means that if you are a Linux developer, use one of Nokia's patents as regards to this agreement, then turn around and try to sue LInux (or IBM, natch) for violating *your* patents, then you lose the ability to use Nokia's patents so Nokia can go after *you*.
If nothing else, it will make some companies who would sue Linux in a Rambus "We'll help develop the technology by committee then sue anybody who tries to actually use it without our permission" from (allegedly, like SCO) letting their technology be added into Linux, release a kernel, then start suing companies for violating their IP. With Nokia's clause here, they'll have to make certain that nothing of what they did includes Nokia's patents.
Phew. Interesting how complex things have to get just to cover your ass thanks to a exploitive lawsuit happy companies.
Natch, they're a hardware company. (Score:4, Interesting)
They reserve the right to snatch that back, such as if the Linux kernel suddenly acquires the ability to become hardware and run itself.
Or if they ever start to "see themselves as a software company" or believe they're "really about consulting" or some other such dreck, then they'll snatch back their patents. They'd also be on the road to corporate oblivion, but that would be independent of allowing FOSS use of their patents.
Keep making the neat gizmos, Nokia.
good for the wrong reasons (Score:2, Interesting)
However, there is one very nice paragraph:
In other words, if anyone starts threatening Linux with patents, they might find Nokia lawyers on their doorstep.
Is it irrevocably? (Score:4, Interesting)
I have the impression that they made the mistake to let the PR droids announce this without letting technical and/or legal people have the last word.
Another thing is that they are silently pushing software patents, something that is still being debated in Europe (and it looks we might just not end up with some abomination like in the US). Without swpats, their move would have been without substance.
Re:Good game Nokia! (Score:2, Interesting)
Any kernel modified by someone else (RedHat, gentoo-sources,
If mainline includes patented ideas, they will go into the modified distribution-kernels as well.
They can (could) be sued.
Whats to keep Nokia... (Score:3, Interesting)
(for those that dont know, Rambus put in a bunch of ideas into the JEDEC council for DRAM (SDRAM, DDR, etc) and some got used. They then turned around later and submarrined the DRAM industry by demanding payment on SDRAM, DDR, etc. They sued and lost I believe, but have won or settled other cases regarding anti-competitive tactics by the rest of the industry to stamp them out.)
Re:asdf (Score:3, Interesting)
I hope it is some painful, but strong change in trend for Nokia. They won't change their attitude in one day, proposing software patents in EU, but let's cross fingers and hope for the best.
Re:Which patents is linux infringing upon? (Score:4, Interesting)
Re:asdf (Score:2, Interesting)
This seems odd? Possibly due to IBM patents? (Score:3, Interesting)
For instance, it seems very clearly to me that Nokia is saying that the Linux kernel is currently violating one or more of their patents. I did not search deeper, but I, for one, would like to know what patents they claim are being infringed?
Sure, it seems nice of them to say it is OK to use those items, but something about this smells fishy. I think I'll wait for the other shoe to drop.
Another though occurred to me. Has anyone done an analysis to see if any of the 500 IBM patents are used in the kernel? Could this be in response to that usage (if it exists)? I mean, if they are going to rely on Linux (see the new 770 web tablet), and they think they found patent infringement, then they would be precluded from going after it, because to do so would rescind IBM's permission for Nokia to use IBM's patent(s) that may be in Linux as well. This could just be PR spin to try and make Nokia smell better.
Like I said, I'll wait for the other shoe(s) to drop. I think there is more to this story, and before I am willing to pat Nokia on the back, I want more details.
Nokia gaming FLOSS developers? (Score:1, Interesting)
Re:Good game Nokia! (Score:1, Interesting)
If the patent would prevent other people from using their full rights under the GPL then section 7 of the GPL says that the kernel cannot be distributed while those conditions apply i.e. the patented methods would have to be removed or licensed freely enough that the full GPL provisions would apply.
Re:Good game Nokia! (Score:1, Interesting)
Lacking such a license section 7 of the GPL would prevent distribution of the code under the GPL at all. These sorts of limited patent grants are not consistent with the GPL. Given that Nokia themselves distribute GPL software in their products, they have to either make a full patent grant covering all uses of the GPLd code or else cease and desist their infringing activities.
Re:Good game Nokia! (Score:2, Interesting)
It's one thing to say "I forgive your for killing 5 people."
It's yet another to forgive someone for all the killing they might do in the future along with who they might kill.
What would you do as a business?
As long as they issue a statement like this once in a while we won't get to far into something we can't easily get out of.
Personaly though, I think Nokia is just trying to fend of the WinCE folks by attracting "us". Good job N. In your face MS!