I am dismayed to see that you bypassed the issue of Patents entirely. Your answer to the Patent question did not even include the word Patent!
IBM's current strategy regarding Patents does not appear to be about gaining a monopoly in patented areas, but instead seems focused on 3 main areas:
To defend against Lawsuits: If company ABC threatens to sue over IBM's use of ABC patent #nnnnn, then IBM can threaten suit over ABC's use of IBM Patent #mmmmm.
To prevent IBM lockout:Anyone writing software that is covered by an IBM Patent must reach an agreement with IBM. This gives IBM the opportunity to structure the agreement in a way that insures IBM will not be locked out of future progress in the area covered by her Patents.
To reach into non-IBM Patent areas: IBM can use cross-licensing agreements to extend her reach into areas not covered by IBM Patents.
I believe all these areas can be enhanced by IBM making a subset of her Patents available under both proprietary agreements, and the GPL (or similar). I suggest that allowing some IBM Patents to be used in GPL software will increase the value of those Patents, without harm to IBM. Drastically decreasing the time and expense required to use IBM Patents will stimulate the use of said Patents and thus increase their value. In the field of Software, there is nothing more worthless than unused (or under utilized) Patents.
Open Source could benefit the 3 areas as follows:
To defend against Lawsuits:ABC's proprietary products would still be open to Patent -based countersuits by IBM. In addition, IBM could make use of ABC's Open Source products without the threat of lawsuit. This is probably the area that requires the most legal attention from IBM. It may be that some Patents may lose thier defensive weapon status if allowed to be used in Open Source. I believe this would not be the case for many -- if not most -- IBM Patents.
To prevent IBM lockout:IBM can remain actively involved in the use and development of GPLed software that uses her Patents, without the need for an expensive, time consuming, proprietary agreement. A big win for IBM.
To reach into non-IBM Patent areas:IBM could still enter into cross licensing agreements as before, but IBM's contribution of Patents to Open Source could stimulate other companies to contribute Open Source software in areas not covered by IBM Patents. IBM could immediately use and extend this software without the need for expensive and time consuming cross licensing agreements. A big win for IBM.
Of course, IBM could be hotly debating this issue internally right now. Lawyers are doing research, a policy is being hammered out, and IBM does not want to release half-baked information regarding use of her Patents. If this is the case, please give us a hint that the Patent issue is being considered within IBM. We are patient, we can wait:o)
On the other hand, it may be that IBM does not think people are interested in this issue, or IBM does not want to deal with it. If this is the case, please know that many people, including myself, consider Patents to be the number one contribution that IBM can make to Open Source.
I will even go so far as to recommend to IBM that she keep her $1 Billion and open up some useful Patents instead!
Scott, Please answer the Patent question! (Score:4)
IBM's current strategy regarding Patents does not appear to be about gaining a monopoly in patented areas, but instead seems focused on 3 main areas:
- To defend against Lawsuits: If company ABC threatens to sue over IBM's use of ABC patent #nnnnn, then IBM can threaten suit over ABC's use of IBM Patent #mmmmm.
- To prevent IBM lockout:Anyone writing software that is covered by an IBM Patent must reach an agreement with IBM. This gives IBM the opportunity to structure the agreement in a way that insures IBM will not be locked out of future progress in the area covered by her Patents.
- To reach into non-IBM Patent areas: IBM can use cross-licensing agreements to extend her reach into areas not covered by IBM Patents.
I believe all these areas can be enhanced by IBM making a subset of her Patents available under both proprietary agreements, and the GPL (or similar). I suggest that allowing some IBM Patents to be used in GPL software will increase the value of those Patents, without harm to IBM. Drastically decreasing the time and expense required to use IBM Patents will stimulate the use of said Patents and thus increase their value. In the field of Software, there is nothing more worthless than unused (or under utilized) Patents.Open Source could benefit the 3 areas as follows:
- To defend against Lawsuits:ABC's proprietary products would still be open to Patent -based countersuits by IBM. In addition, IBM could make use of ABC's Open Source products without the threat of lawsuit. This is probably the area that requires the most legal attention from IBM. It may be that some Patents may lose thier defensive weapon status if allowed to be used in Open Source. I believe this would not be the case for many -- if not most -- IBM Patents.
- To prevent IBM lockout:IBM can remain actively involved in the use and development of GPLed software that uses her Patents, without the need for an expensive, time consuming, proprietary agreement. A big win for IBM.
- To reach into non-IBM Patent areas:IBM could still enter into cross licensing agreements as before, but IBM's contribution of Patents to Open Source could stimulate other companies to contribute Open Source software in areas not covered by IBM Patents. IBM could immediately use and extend this software without the need for expensive and time consuming cross licensing agreements. A big win for IBM.
Of course, IBM could be hotly debating this issue internally right now. Lawyers are doing research, a policy is being hammered out, and IBM does not want to release half-baked information regarding use of her Patents. If this is the case, please give us a hint that the Patent issue is being considered within IBM. We are patient, we can waitOn the other hand, it may be that IBM does not think people are interested in this issue, or IBM does not want to deal with it. If this is the case, please know that many people, including myself, consider Patents to be the number one contribution that IBM can make to Open Source.
I will even go so far as to recommend to IBM that she keep her $1 Billion and open up some useful Patents instead!
Jonathan Weesner
San Antonio, TX