Hi,
Following the lead, one would think, of IBM and Novell, Nokia has announced that Linux kernel development may use all its patents (http://press.nokia.com/PR/200505/995845_5.html and http://www.nokia.com/iprstatements).
According to http://swpat.ffii.org/gasnu/nokia/index.en.html, however, "Nokia seems absolutely pro-swpat."
There is a cross-licensing type clause in the Nokia's new patent policy saying that the protection only extends to those who don't assert their own patents against the kernel. They're also keen to get other players in the market to play fair too.
Nokia also announced in the last few days a new product whose OS is based on the Linux kernel, so it could be construed as a means not to be branded hypocritical.
I'm trying to make sense of this, because if they're serious in their statements that Free Software development needs to be protected from patents, then they could just support the EP's text of the directive from Sept. 2003 and all efforts to return the directive to that state.
Anyone with any insights?
Éibhear
On Thursday, May 26, 2005 at 16:29 +0100, Éibhear wrote:
Hi,
Following the lead, one would think, of IBM and Novell, Nokia has announced that Linux kernel development may use all its patents (http://press.nokia.com/PR/200505/995845_5.html and http://www.nokia.com/iprstatements).
[...]
I'm trying to make sense of this, because if they're serious in their statements that Free Software development needs to be protected from patents, then they could just support the EP's text of the directive from Sept. 2003 and all efforts to return the directive to that state.
Anyone with any insights?
I wonder if this is related to the fact that Nokia have just announced a Gnu/Linux based handheld device: http://www.theregister.co.uk/2005/05/25/nokia_wifi_tablet/
The announcement on patents appears to be saying that *current* uses are licensed but if you add new features that infringe on further patents you might not be off the hook:
"The Patent Statement applies to Nokia's patents infringed by current official releases of the Linux Kernel and all future official releases of the Linux Kernel to the extent that Nokia has not declared new functionality embodied in such releases to be outside the scope of the Patent Statement."
"Nokia intends to work with the open source community in identifying in advance those functionalities that Nokia would declare to be outside the Patent Statement."
On Thursday, May 26, 2005 at 16:39 +0100, Glenn Strong wrote:
On Thursday, May 26, 2005 at 16:29 +0100, Éibhear wrote:
Hi,
Following the lead, one would think, of IBM and Novell, Nokia has announced that Linux kernel development may use all its patents (http://press.nokia.com/PR/200505/995845_5.html and http://www.nokia.com/iprstatements).
[...]
I'm trying to make sense of this, because if they're serious in their statements that Free Software development needs to be protected from patents, then they could just support the EP's text of the directive from Sept. 2003 and all efforts to return the directive to that state.
Anyone with any insights?
I wonder if this is related to the fact that Nokia have just announced a Gnu/Linux based handheld device: http://www.theregister.co.uk/2005/05/25/nokia_wifi_tablet/
(sorry Éibhear just noticed you mentioned this product in your original mail).
Anyway, thinking about it I'd put money on it being related. They want to have swpats, and they also want to make use of the Linux kernel. This gives the kernel developers some protection, and also gives Nokia a moral high ground to push for other patent holders to grant the same rights.
I suppose they might also try to argue that anti-swpat arguments are weakened by pointing to this as a case where Free Software is granted zero-cost licenses (this would require them to conveniently ignore the fact that these licenses are still quite restrictive).
Éibhear wrote:
Anyone with any insights?
Nokia is absolutely leading the charge in Brussels in favour of software patents.
If this announcement gives people comfort that Open Source can sleep more soundly about the fear of patents, it absolutely shouldn't.
It's a very special case, because of what Linux and what Nokia are:
* PR-wise it would always have been very difficult for Nokia's image to attack something as popular as Linux, particularly if Nokia were attacking key functionality.
* Now that Nokia is issuing a Linux device, it would have been even more difficult.
That makes it very different to what are probably the three main danger scenarios to open source projects from patents:
* attacks from small companies, and "non-producing entities" like SCO, or the JPEG ransom people. * attacks from dominant competitors, defending entrenched market positions, eg Microsoft (including use of patents to block interoperability) * attacks on smaller open-source projects, without the media profile or industry support of Linux -- for example the IPIX attack on Panorama tools.
Nokia may well be trying to spread complacency that "everything will be all right".
But if the software industry goes down the patent route, everthing will likely _not_ be all right.