In the constant recalibration of technology, the imperative for stronger protection from the multitude of intellectual property (IP) threats has only grown in importance. The Open Invention Network (OIN), a powerful patent non‑aggression community protecting the Linux ecosystem, again marshalled its forces to bolster the OSS community against such threats. Now, OIN is the largest patent non‑aggression community in history.
Their most recent update to the Linux System definition, which now includes protection for cloud-native computing, enterprise software and the rapidly developing Internet of Things (IoT) and automotive spheres, shows that OIN remains steadfast in protecting the global open source community.
Although integral to Linux, the technologies OIN now protects are increasingly used around adjacent open source technologies that have become lynchpins of modern computer technology. Kubernetes’s recent induction into the OIN portfolio is the latest of many high-profile examples, and also shows the broadening of the OIN’s approach to protecting innovation in multiple vertical spaces. Core Infrastructure Initiative projects such as Istio and Grafana, as well as the APIs behind Apache Solr search engine, are now covered as OIN’s universe expands. This ensures the continuation of these vital technologies free from the threat of patent litigation.
OIN’s shared defensive patent pool (the group now includes more than 3,900 community members and close to 3 million patents) has reimagined support, and its members – which include Amazon, Google and Microsoft – indicate a growing industry awareness of the need to foster an environment in which open source software can flourish without the ties that bind.
But OSS keeps pushing the technological envelope, and OIN keeps responding, periodically updating its Linux System definition to match emerging technologies that reshape industry. Keith Bergelt, the CEO of OIN, gives some insight into the organisation’s strategic approach: He says that the consortium tacitly follows Rogers’ five stages of innovation diffusion when considering new open source projects, but maintains a balanced approach to the core principles of open source; it isn’t the first to embrace AI technologies, but will be one of the earliest movers when ready. It makes sense for the consortium not to aggressively extend its protection to AI before the technologies are adopted and prove their value.
Indeed, the OIN’s effectiveness was perhaps most clearly illustrated in its defence of the copyright holder the GNOME Foundation against a patent troll attack on its GNOME codebase. GNOME doesn’t have any patents of its own, but instead of surrendering to the troll’s demands, GNOME was able to call on the OIN to organise a coalition for mass cross-licensing around the OIN’s pool. The GNOME codebase was saved, and the lesson that the open source movement is not a pushover for patent trolling became a moral victory.
It’s easy to join OIN as an entity of any size; all the full members need to do is sign the licence agreement to become part of a community of innovators that fuels the upkeep and use of a growing OIN patent non-aggression pact.
What does ‘open’ mean in the context of OIN and OSS? Fundamentally, ‘open’ represents a commitment to making sure that everything is accessible, that no one is left behind or closed off, and that we are all equal partners in the pursuit of shared progress. When OIN and others take on the challenge of breaking down old proprietary barriers, they create space for technology to evolve and advance in the interests of a better future for all. The work of the OIN and its partners demonstrates that open source is about more than just code. At its heart, open source is an expression of the synergistic power of unity and collaboration around IP that can drive an innovation ecosystem for the future.
The faster that technology advances, the more important initiatives such as OIN are likely to become. Protected by the kind of right it’s attempting to eliminate, how can anyone be truly certain they’ll never be able to use it? How can anyone be sure that patents be used for the innovation and collaboration of the future – not to shut it down? OIN is ensuring that the door stays ajar.
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