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IBM pledges no patent attacks against Linux

malebolgia   on 04 August 2004 - 21:54 · 15 comments & 2318 views

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IBM on Wednesday promised not to use its formidable collection of technology patents against Linux and challenged other companies to do the same, working to dispel one cloud that hangs over the open-source programming movement.

"IBM has no intention of asserting its patent portfolio against the Linux kernel, unless of course we are forced to defend ourselves," said Nick Donofrio, senior vice president for technology and manufacturing, drawing applause in a speech at the LinuxWorld Conference and Expo.

The tech giant's announcement could relieve some who fear the legal threat of the computing industry's largest patent arsenal. But it doesn't address the more tangible danger that Microsoft, an avowed Linux enemy, could attack. Microsoft declined to comment for this story. But in April, the company's top lawyer said the software giant is willing "to work creatively" and to license its technology. However, patent licenses requiring royalty payments are prohibited for software governed by one major open-source license, the General Public License (GPL).

News source: C|Net News.com


Cont...

Hailed as two of the best known strategy game brands in the world, Diplomacy® and Squad Leader® have attracted millions of players in their previous editions. Internal teams at Paradox, known for specializing in the creation of strategy games, will develop the new PC games. Past Paradox projects include the award-winning Europa Universalis®, Hearts of Iron™ and Crusader Kings™.

“We will be working closely with Atari and Wizards of the Coast to make sure we maximize the potential these brands have. We feel that Paradox is the right partner to develop the PC Games these brands and their fans deserve”, says Theodore Bergquist, CEO of Paradox Entertainment.

Paradox Entertainment was created to build fantasy, science fiction and alternative history brands in cross-media platforms. The interactive division has a long experience in developing and publishing strategy games for the PC platform. Past titles include the award-winning bestselling titles Europa Universalis, Hearts of Iron, Victoria and Crusader Kings.

Wizards of the Coast, Inc., a subsidiary of Hasbro, Inc. (NYSE:HAS), is a worldwide leader in the trading card game and tabletop roleplaying game categories, and a leading developer and publisher of game-based entertainment products. The company holds an exclusive patent on trading card games (TCGs) and their method of play and produces the premier trading card game, MAGIC: THE GATHERING(r), among many other trading card games and family card and board games. Wizards is also a leading publisher of roleplaying games, such as DUNGEONS & DRAGONS(r), and publisher of fantasy series fiction with numerous New York Times best-sellers. For more information, visit the Wizards of the Coast website at wizards.com. "Magic: the Gathering and Dungeons & Dragons are trademarks of Wizards of the Coast, Inc. in the USA and other countries. Diplomacy and Squad leader are trademarks of Hasbro, Inc. All rights reserved.".

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#1 ghostwind on 04 Aug 2004 - 22:04
Well, at least some companies out there aren't trying to hose Linux
#2 jagedEdge on 04 Aug 2004 - 22:21
Yay IBM!
(4 replies) #3 STV on 04 Aug 2004 - 22:23
believe me, if IBM wasnt using Linux the way that it is, they would be trying to "hose" it to.

STV
#3.1 ghostwind on 05 Aug 2004 - 01:36
You cannot say that for sure. Besides, if they weren't using linux, they wouldnt have much to sue over. Even if they did sue, it wouldn't shut down linux, or open source. Open source is like water. you can block it in one place, but it will always find an alternate route. If you don't believe me, just ask Microsoft.
#3.2 STV on 05 Aug 2004 - 02:50
this is not about open source, it is about linux and the patents that it is infringing (is this a word?) upon. although, I agree with the following quote, to a certain extent:
QUOTE
Even if they did sue, it wouldn't shut down linux

i dont think that microsoft has ever tried to "shut down" open source or linux.

STV
#3.3 Jugalator on 05 Aug 2004 - 11:04
QUOTE
believe me, if IBM wasnt using Linux the way that it is, they would be trying to "hose" it to.

Maybe, but then they wouldn't be the IBM we know either.

Like saying "if Microsoft had created a Linux distro, they would promote Linux".
Sure, but that's an alternate reality.
#3.4 ghostwind on 05 Aug 2004 - 15:24
Whether they do it intentionally or not, that is how Microsoft tends to operate. why do you think that MS is always getting sued? They have a habit of squeezing out the competition. Whether you think it is true or not, it still happens. It is against the law to use monopolies to squeeze out competition, though I will admit that it is "good business". Now the question is, do you want to take the blue pill and keep on believing that MS doesnt want to kill of Linux, or the red pill and accept that this is somthing that is a reality?
#4 markjensen on 04 Aug 2004 - 22:23
I would get that in writing.

Plus, they left in a good "unless" clause that they can use to justify any course of action they choose, anyway.

IBM has a HUGE portfolio of patents going a long way back, and they have used it effectively in the past - a lot for defense, plus some offensive suits. They aren't afraid to use it, and these warm words don't exactly give me a warm-n-fuzzy feeling for IBM. They are a large Goliath whos motives are for their own self-interest, and they will aid in Linux development only as long as it suits them.
(2 replies) #5 STV on 04 Aug 2004 - 22:39
since this article mentions microsoft, i would like to ask a question regarding them.

lets say that IBM has a patent that both linux and windows infringes on. could IBM leave linux alone and only go after microsoft, or does it have to go after microsoft too, if it does choose to enforce it?

STV
#5.1 b0b on 04 Aug 2004 - 22:50
.. You can sue whom-ever you want that is using your patents. Some companies only sue the compitition, others sue all.
#5.2 daimon on 05 Aug 2004 - 08:58
lol it would really be a funny scenerio if that happened
(1 reply) #6 b0b on 04 Aug 2004 - 22:46
Now we know that IBM isn't retarded.
#6.1 daimon on 05 Aug 2004 - 08:59
yes because they know how to seek their interests
#7 Nichotin on 04 Aug 2004 - 23:18
In 2030, a company named EvilSystems buys IBM and sues Linux with the whole patent portfolio. Gee. I wish they made that a legal statement through the legal channels somehow. Just look what happened to the Jpg patent.
#8 Jugalator on 05 Aug 2004 - 11:01
I'm sure Microsoft will listen and agree with this statement.

Anyway, IBM is having the most software patents in the world, so this is good news.

Not surprising either, since they're involved in several projects having to do with Linux.

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