Linux body pools patents for open source

By Simon Aughton

Posted on 11 Aug 2005 at 16:49

An international Linux advocacy body has announced a new initiative aimed at providing a central repository for software patents and patent pledges relating to open source software.

The Open Source Development Labs (OSDL) patent commons project, which has the backing of Linux founder Linus Torvalds, will make it easier for open source developers to make their patents available to share. It will also contain patents that are owned by the likes of IBM, Nokia, Novell, Red Hat and Sun but are pledged to the open source community.

The idea is that by contributing, patent holders can be assured that the right to enforce the patents is administered by an organisation dedicated to open source software and also be assured that those patents will not be enforced against them.

'Software patents are a huge potential threat to the ability of people to work together on open source,' said Torvalds. 'Making it easier for companies and communities that have patents to make those patents available in a common pool for people to use is one way to try to help developers deal with the threat.'

Initially the project will only provide a library and database of patents, legal advice and indemnification programmes but the ODSL plans to announce further features over the coming months.

'The OSDL patent commons project is designed to increase the utility and value of the growing number of patent pledges and promises in the past year by providing a central repository where intellectual property can be held for the benefit of all of us,' said Stuart Cohen, CEO of OSDL. 'Our goal is to make it easier for developers and industry to take advantage of the good works of vendors, individuals and organisations who may wish to pledge patents and intellectual property in support of the community.'

In an interview with OSDL's Marketing Director, Nelson Pratt - Interview: Linux and the Open Source Development Lab - we speculated on such a move by the OSDL.

'We've not been asked to be custodians of any patent pool,' said Pratt at the time. 'We'd certainly consider it. But we support the idea irrespective of who it is. In fact I think it's inevitable that this evolves into some kind of patent commons.

'We think it's a good idea. But not for one commercial company. It would have to be the jurisdiction of an independent body ... so no, I wouldn't rule it out,' he said.