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FW: IBM says it won't assert patents against Linux kernel

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-----Original Message-----
From: epatents-bounces [ at ] lists [ dot ] hellug [ dot ] gr
[mailto:epatents-bounces [ at ] lists [ dot ] hellug [ dot ] gr] On Behalf Of Asteris Masouras
Sent: Friday, August 06, 2004 12:24 PM
To: epatents [ at ] lists [ dot ] hellug [ dot ] gr
Subject: IBM says it won't assert patents against Linux kernel

http://www.infoworld.com/article/04/08/04/HNdonofirokeynote_1.html

In his keynote address on Wednesday at LinuxWorld, IBM Senior Vice 
President of Technology and Marketing Nick Donofrio assured the Linux 
nation his company would not assert its formidable patent portfolio 
against the Linux kernel and strongly advocated others to promise the
same.

Donofrio's remarks were in response to a statement earlier this week 
from the Open Source Risk Management organization based on its research 
and initial analysis of patents that might affect the Linux kernel. A 
number of those patents were identified as being owned by several larger

companies with strategic Linux-based strategies including IBM.

"I can say that as an ally that believes in the positive power that the 
Linux community is having on collaborative innovation, I can assure you 
we have no intention of asserting our patents against the Linux kernel, 
unless, of course, we are forced to defend ourselves," Donofrio said.

Donofrio threw out a challenge to the IT community to join together to 
establish procedures that avoid infringement claims and to also try to 
resolve them as they come up.

"When more people have access to the building blocks of innovation, it 
can inject a richer perspective to the creative process. When you 
combine all the diversity of the world in the open environments, it's a 
rather humbling thought," Donofrio said.

Donofrio said collaborative innovation figures to play a significant 
role in the future of IT and that Linux, various grid technologies, and 
the Internet will continue to be an influence there. He contended that 
countries around the world will have to find the right balance between 
collaborative innovation along with the respect for intellectual 
property as it applies to IT.

"For IBM's part, we pledge to do everything in our power to help stroke 
that balance. I can promise you that," Donofrio said.

The open movement, which Donofrio sees happening in many industries 
outside of computer software, is forcing people to rethink their various

intellectual property models and to rethink where it is they can offer 
the most value to their respective users.

He contends this overall open movement has encouraged and enabled 
competition to continue thriving. Donofrio then made an open plea to 
governments and private businesses to "collectively sharpen" their focus

on policies and practices that would serve to encourage and to support 
innovation.

"Why does innovation matter? Well, consider one issue that has been at 
the center of discussion for some time: job growth," Donofrio said.

He cited a recent economic study that stated some 91 million new jobs 
would be created in the coming years, but that it is yet to be 
determined in which countries most of those jobs would be based.

"It doesn't take a rocket scientist to see that many of the best jobs 
will go to those countries that create the most fertile environments for

innovation," Donofrio said.

Donofrio then started preaching to the Linux choice saying that Linux 
and the open source community in general holds the potential to spark 
remarkable innovation because the technology is at once owned by no one 
but yet by everyone. It is this concept that will give it a major 
advantage compared with those still espousing proprietary platforms.

"The forces that cling to closed ways of doing things are doing nothing 
to advance innovation. When you box people in and create these 
artificial barriers to solving problems, you can't have [innovative] 
solutions spring forward," Donofrio said.


-- 
Asteris Masouras
Software Developer
Informatics Systems and Applications Group
Aristotle University of Thessaloniki, Greece
Tel: +30 2310 994 181	Mobile: +30 6932 937 625   
e-mail: oneiros [ at ] isag [ dot ] meng [ dot ] auth [ dot ] gr
"Id imperfectum manet dum confectum erit, radix lectii"




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