Transcript Slides - Open Forum Europe

Community Rising: Expanding the Scope of
OIN’s Royalty Free License to Enable Choice
• Agenda
– OIN Redux
• Activities – Buy, Build, Share
• Goals – Freedom and Choice
• Scope – Linux System Definition
– Realities that Shape the Context in which OIN and the Linux
Community Operate
» Patent Speculators/Trolls
» Operating Companies
– Conclusion
OIN Mission Summary
Open Invention Network’s Role – Guardian & Enabler
•Open Invention Network – Industrial Firms Committed to Open
Source and Linux and Engaged in Purchasing/Licensing of Patents
& Parallel External Actions to Create a Patent “No Fly Zone” around
Linux
• Patent Acquisitions – sampling of key patents in relevant technology
areas
Biometrics
PHP
eCommerce
OIN Mission Summary
Open Invention Network’s Role – Guardian & Enabler
•Open Invention Network – Industrial Firms Committed to Open
Source and Linux and Engaged in Purchasing/Licensing of Patents
& Parallel External Actions to Create a Patent “No Fly Zone” around
Linux
•Directed Invention (Universities, Individual Inventors, Acquired PatentCentric SMEs)
• Patents – 40-50 applications/year
• Defensive Publications
•Patents w/Defensive Publications
• Royalty Free Licenses to ALL OIN-owned Patents and Patents that are
part of OIN Cross-License – FREE ACCESS in return for
• Cross Licensing Commitment
• Agreement to Forebear Linux-related Litigation
OIN Mission Summary
Open Invention Network’s Role – Guardian & Enabler
•Open Invention Network – Industrial Firms Committed to Open
Source and Linux and Engaged in Purchasing/Licensing of Patents
& Parallel External Actions to Create a Patent “No Fly Zone” around
Linux
• Defensive Activities
• One on One Assistance to Those Under Threat
• Prior Art Identification
• Linux Defenders
• OS “Peer to Patent” - prior art to allow patent applications to
be rejected or enable reduced claim scope
• OS “Post-Issue Peer to Patent” – prior art to enable the
potential invalidation of existing patents
• “Defensive Publications” – statements of prior art that
prevent new patents from issuing
• “LinuxDefenders911” – 24/7 help line to those in ‘patent
distress’
OIN Licensee US patents Holdings
OIN “Owned” IP
Assets & Licensees
> 490+ Licensees
(OIN Secures a
New Licensee
Every Third Day)
> 400+ Patents &
Applications
> 250+ Defensive
Publications
> 300,000 Patents
& Applications in
Potential CrossLicense/Grant
Back Pool
Company
IBM
Sony
NEC
Philips
Fujitsu Limited
Hewlett-Packard Company
Cisco Systems, Inc.
Oracle
Quantum
Symantec Corp
Juniper Networks, Inc.
Yahoo! Inc.
Google
Novell
HTC
Red Hat
Fujitsu General Limited
NHN Corporation
Tom Tom International BV
salesforce.com
University of Hull
IGNIS Innovation Inc.
Bakbone
Patents
65805
33974
27537
25470
23554
22820
6415
2664
1360
937
782
749
664
483
171
157
156
40
32
25
16
15
10
Facebook, Inc.
10
Barracuda
7
Netgear, Inc.
7
Accudata
2
DeviceVM Inc.
2
FON (Fon Wireless Limited)
2
SugarCRM
2
Nationwide Mutual Insurance Company
1
Ooma, Inc.
1
Rackspace Hosting, Inc
1
Applications
38737
16175
13039
12700
18446
1585
2701
1823
394
111
318
1898
653
309
228
242
70
202
18
114
10
21
1
19
35
8
1
1
0
11
0
1
0
Note: For efficiency, only those licensees with US patents and/or
applications are listed.
6
OIN Mission Summary
Open Invention Network – Expanding Scope of Coverage
• New
Developments
• Q1 2012 and Q3 2012 Expansion of Linux System Definition from 1100 to
>1800 Software Packages & Commitment to Perform Annual Upgrades of the
Linux System Definition
• OIN Linux System Expansion Translates into:
• more cross-licensed patents in OIN License Pool
• expansion of arena in which OIN Licensees must forebear Linuxrelated litigation
• important step toward further demilitarization of patent landscape
OIN and Linux in the Context of Challenge
9
Dear Apple: Why Are You So Afraid Of
Google, Android, And Samsung Group?
“Android in the cross-hairs: if you
can't compete with it, litigate it”
By Jason Perlow for Tech Broiler | October 3, 2010 -07:57 GMT (00:57 PDT)
Google: Apple's court victory vs.
Samsung isn't 'core' of Android
By Jessica Guynn, August 27, 2012, 10:59 a.m.
Translation: 1) The goal is to raise total cost of ownership and make
Android/Mobile Linux uneconomic.
2) The patent wars in mobile are not about core patent
vulnerability of Linux
BECAUSE
3) Both MS and Apple now understand that neither can
compete longer term with the creativity and innovativeness
that comes from OSS-based products that tap the collective
intelligence of potentially millions of people versus what can
be accomplished inside one company by a static team
building around one proprietary platform
For Release: 07/11/2012
FTC Testimony Expresses Concern that Owners of
"Standard-Essential" Patents May Obtain Injunctions
Enabling Them to Hold Up Other Firms
Translation: 1) MS spent millions of US Dollars to attempt to restrict
traditional mobile vendors from successfully using
standards-based mobile/RF patents to effectively
counterclaim with the threat of injunction against Apple and
MS in Mobile Linux Litigation
AND
2) Advancing the impact of less relevant patents held by MS
and Apple
Current Realities
Current Realities
Realities –
• Innovation – Discontinuous Innovation - that radically Redefines an
Existing Market or Creates a New One - is Challenged by Incumbent
Monopolists and Duopolists Seeking to Protect the Status Quo
• Patent Wars Emerge BUT Rationalization Can Be Expected to Develop
Over Time as the Linux/Android Antagonists’ Proprietary
Products/Platforms are Vulnerable to Defensive Patent Counter-Attack in
the Mobile Space – “Standards-Related “ Patents Key to Mobile Heritage of
Innovation Being Safeguarded
• eBay Ruling and ITC Reform Will Serve to Limit Ability of Speculators
and Antagonistic Operating Companies to Secure Injunctive Relief and
Further Encourage Negotiated Cross-Licenses
Conclusion
Open Source/Linux is a Social Phenomenon with Far Reaching
Ramifications for Innovation - Economic Principle of Increasing
Returns Applies 1 + 1 +1 = 6
As a result – Open Source/Linux Enable Innovation in a Manner that is Threatening to
Operating Companies Seeking to Restrict the Manner and Output of Invention –
Direct Linux Antagonists
– Market Dynamics have given rise to Increased Patent “Troll Litigation” that
Limits Innovation and Diverts Capital to Defense – Indirect Linux Antagonists
Conclusion
Open Source/Linux is a Social Phenomenon with Far Reaching
Ramifications for Innovation - Economic Principle of Increasing
Returns Applies 1 + 1 +1 = 6
As a result -
–
Android Platform (not Linux in the main) and, more broadly, Mobile Linux
subject to – direct and indirect – attack on patent grounds in a misguided effort
to make total cost of ownership prohibitive for vendor and carrier deployment
BUT in the end the market and freedom of choice wins out
-
“It is getting late early” YB – The time is rapidly approaching when those
whose relationship with Linux and, more broadly, open source as a modality for
invention must move from exploitative to enabling as the community’s
capacities for self regulation will soon catch up with its self organizing
capacities