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[News] IBM Uses Software Patents to Intimidate Rivals, Even Microsoft Allies

  • Subject: [News] IBM Uses Software Patents to Intimidate Rivals, Even Microsoft Allies
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Wed, 07 Apr 2010 23:31:27 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
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IBM uses pledged patents against open source mainframe emulator

,----[ Quote ]
| The letter includes a "non-exhaustive" list 
| of 106 IBM patents and 67 pending patent 
| applications. Mueller found that on 
| examining the list, two of the patents 
| mentioned in the letter, 5613086 and 
| 5220669 are among the five hundred patents 
| in the IBM patent pledgePDF. Mueller says 
| "This betrayal of the promise is 
| unbelievable, but I never believed that IBM 
| was sincere about that pledge in the first 
| place". He calls for regulatory 
| intervention against IBM and points out 
| that TurboHercules had already lodged anti-
| trust complaint with the European 
| Commission.
`----

http://www.h-online.com/open/news/item/IBM-uses-pledged-patents-against-open-source-mainframe-emulator-970674.html

IBM: Open Source's Friend? Not So Much Now

,----[ Quote ]
| IBM certainly has some explaining to do. It 
| needs to make clear where it stands on open 
| source, and where on software patents. It 
| needs to understand that the two are not 
| compatible, and that it cannot truly be a 
| friend of the former while deploying the 
| latter as weapons against free software, 
| even when the victims sit on the latter's 
| fringe rather than at its heart. After such 
| a long and mutually beneficial 
| relationship, it would be sad if IBM 
| decides that it prefers software patents to 
| open source â and ultimately to its 
| detriment.
`----

http://www.computerworlduk.com/community/blogs/index.cfm?entryid=2891&blogid=14

IBM tears up open source patent pledge, claims FOSS

http://www.theregister.co.uk/2010/04/06/ibm_hercules_project_patents/

IBM Breaks Open Source Patent Pledge

http://yro.slashdot.org/story/10/04/06/1421255/IBM-Breaks-Open-Source-Patent-Pledge

IBM breaks OSS patent promise, targets mainframe emulator

http://arstechnica.com/open-source/news/2010/04/ibm-breaks-oss-patent-promise-targets-mainframe-emulator.ars

IBM TurboHercules Patent Threat Letter 

,----[ Quote ]
| For people reading this page from Slashdot, 
| I have to confess that IBM is still 
| lobbying for software patents in the 
| European Union though the creation of a 
| central patent court. IBM, like Microsoft, 
| is actively lobbying in Brussels not to 
| reopen the software patent directive 
| through the Community Patent discussions, 
| and the creation of a central patent court.
`----

http://www.zoobab.com/ibm-turbohercules-patent-threat-letter

Open-source Advocate Enters IBM Antitrust Fray

,----[ Quote ]
| Software developer and political lobbyist 
| Florian Mueller weighed in on the European 
| Commission's investigation of monopoly 
| abuse claims against IBM, accusing the 
| computing giant of deserting the interests 
| of the open-source software community.
`----

http://www.pcworld.com/businesscenter/article/193559/opensource_advocate_enters_ibm_antitrust_fray.html

Florian Mueller finds a new windmill to attack in IBM

,----[ Quote ]
| Fresh off his humiliating defeat at the 
| hands of Oracle, Florian Mueller is now 
| tilting at IBM, accusing it of open source 
| treason for trying to enforce a monopoly it 
| won before he was born.
| 
| [...]
| 
| The question is just how much IBM 
| credibility might be lost as a result of 
| TurboHercules. Mueller wants to make 
| certain itâs a lot.
`----

http://blogs.zdnet.com/open-source/?p=6202

BM Breaks Promise; Threatens Open Source Company Over Patents

http://www.techdirt.com/articles/20100406/1628178904.shtml

IBM Denies Breaking Its Open-Source Promise

,----[ Quote ]
| The open-source software community is up in 
| arms over claims that IBM has broken a 
| promise by asserting its patents against an 
| open-source project. IBM denies that it has 
| done so.
`----

http://www.eweek.com/c/a/Linux-and-Open-Source/IBM-Denies-Breaking-Its-Open-Source-Promise-672104/

IBM Betrayed Open Source Pledge According To FOSS Proponents

http://www.itproportal.com/portal/news/article/2010/4/7/ibm-betrayed-open-source-pledge-according-foss-proponents/

IBM breaks Open Source deal

http://www.techeye.net/software/ibm-breaks-open-source-deal

IBM is accused of patent betrayal

http://www.theinquirer.net/inquirer/news/1600095/ibm-accused-patent-betrayal

Roundup of coverage of yesterday's post

,----[ Quote ]
| Australia's iTWire writes that IBM has 
| broken its 2005 promise. In the discussion 
| part below the article, a reader (Richard 
| Chapman) gives a vivid description of the 
| situation: "Having IBM at your side in the 
| land of Open Source is sort of like having 
| a large carnivore as a pet. They may play 
| and cuddle with you but you never know if 
| or when they will revert to their natural 
| ways and have you for lunch."
`----

http://fosspatents.blogspot.com/2010/04/roundup-of-coverage-of-yesterdays-post.html

Open-source Advocate Enters IBM Antitrust Fray

,----[ Quote ]
| Thomas Vinje, the founder of the European 
| Committee for Interoperable Systems (ECIS), 
| which ranks IBM among its members, said 
| that "Microsoft lies behind the antitrust 
| complaints against IBM." Mueller can in 
| turn be linked to Microsoft, he said, 
| because he joined forces with Microsoft to 
| oppose the Oracle-Sun deal, which was 
| approved after an in-depth investigation by 
| the Commission that ended in December. 
| Vinje acted for Oracle in that case.
`----

http://www.pcworld.com/businesscenter/article/193559/opensource_advocate_enters_ibm_antitrust_fray.html

IBM breaks patent pledge to FOSS community

http://www.itwire.com/business-it-news/open-source/38109-ibm-breaks-patent-pledge-to-foss-community

Roger Bowler Responds to IBM Patent Attack on Open Source

http://www.turbohercules.com/news/permalink/a-statement-from-roger-bowler-about-hercules-and-ibm/

IBM and the labors of TurboHercules

,----[ Quote ]
| The problem is that systems like z/OS and 
| z/VM are proprietary software, subject to 
| the usual obnoxiousness. In particular, 
| IBM's licensing does not allow these 
| systems to be run on anything but IBM's 
| hardware. So when TurboHercules tried to 
| get IBM to license its operating system to 
| run on Hercules-based boxes, IBM refused. 
| TurboHercules responded by filing a 
| complaint with the European Commission 
| alleging antitrust violations. According to 
| TurboHercules, IBM's licensing restrictions 
| amount to an illegal tying of products.
| 
| One need not agree with IBM's position to 
| understand it. IBM understands well the 
| power of commoditizing its competitors' 
| proprietary technology - that's what its 
| support for Linux is all about, in the end. 
| Emulated mainframes running on generic 
| Linux or Windows boxes can only look like 
| an attempt to commoditize one of IBM's cash 
| cows. The fact that this product requires 
| running IBM's proprietary software gives 
| the company a lever with which to fight 
| back. Whether one feels that refusing to 
| license that software in this situation is 
| a proper action or not, one should agree 
| that it's unsurprising that IBM exercised 
| that option.
| 
| TurboHercules evidently sent IBM a letter 
| questioning whether IBM actually owned any 
| useful intellectual property in this area. 
| IBM responded with a letter listing 175 
| patents owned or applied for, all of which 
| are said to apply to IBM's mainframe 
| architectures. Two of these patents, it 
| turns out, are on the list of patents which 
| IBM explicitly pledged not to assert 
| against the free software community. 
`----

https://lwn.net/SubscriberLink/382350/47cb2085536a2ba3/

Open Invention Network Extends the Linux Ecosystem as Ooma Becomes Licensee 

,----[ Quote ]
| Open Invention Network (OIN), the company 
| formed to enable and protect Linux, today 
| extended the Linux ecosystem with the 
| signing of Ooma as a licensee. By becoming 
| a licensee, Ooma has joined the growing 
| list of companies that recognize the 
| importance of participating in a 
| substantial community of Linux supporters 
| and leveraging the Open Invention Network 
| to further spur open source innovation.
`----

http://www.earthtimes.org/articles/show/open-invention-network-extends-the,1235129.shtml
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