As some of you know, we, Exherbo, have been invited to join the Open Invention Network (OIN) some time ago.
I've been in touch with them for a while now and asked some question to better understand what they're doing, how they're doing it and what us joining would mean. Here's what we discussed so that we can hopefully come to a conclusion about whether to join them or not. In the end, Bryan would have to sign so in the end, it's his call. - Does it cost anything (in terms of money)? OIN: "There is no cost." - What's in it for us? OIN: Exherbo "would receive a free license to all of OIN's patents and the Linux System patents of the others in the OIN community." "There is no cost and if, as you say, Exherbo has no patents to license then this should be a win/win decision to join." - Since Exherbo has no legal standing whatsoever but consists of individual developers, would it even be possible to join? OIN: Yes, "we would be pleased to have Exherbo join our community as long as Brian, as the Project Lead, signs the agreement." - Is there a list of open source projects that have been taken to court (or a serious attempt was made) over software patents? OIN: "Microsoft suit against Tom Tom International", "there are others who have been approached by trolls or those that are opposed to Linux and, due to confidentiality requests I cannot list them." - The OIN is US-based, most of us are Europeans. Are the different legal systems of any importance here? OIN: "With regard to different legal systems our community has members from all over the world so different legal systems has no impact on your ability to become a licensee." - What checks and balances are in place that will prevent OIN from becoming a "patent troll" itself at some point in the future? OIN: Chances for that to happen are very slim. "It wouldn't matter to Exherbo because it, as a member of the OIN community, would already be licensed to OIN's portfolio (patents and patent applications) and free from aggression." - By actively acquiring patents isn't OIN actually further *cementing* software patents? OIN: "While we understand your position regarding software patents, they are still in existence in many places in the world, and while they still exist it is our goal to protect the Linux community from patent aggression." Personally, I think we *should* join OIN. There aren't any real drawbacks I can see but having the OIN with more than 380 member organisations and lots of licensed patents in our back would be reassuring and helpful in case things go wrong. What do you guys think? Bryan? -- Best regards, Wulf
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