Linux potentially infringes 283 patents
Linux potentially infringes 283 patents, including 27 held by Microsoft but none that have been validated by court judgments, according to a group that sells insurance to protect those using or selling Linux against intellectual-property litigation.
Dan Ravicher, founder and executive director of the Public Patent Foundation, conducted the analysis for Open Source Risk Management. OSRM is like an insurance company, selling legal protection against Linux copyright-infringement claims. It plans to expand the program to patent protections.
Of the 283 patents, 98 are owned by Linux allies, OSRM said, including 60 from IBM, 20 from Hewlett-Packard and 11 from Intel. The months-long review examined versions 2.4 and 2.6 of the kernel, or heart, of Linux, Ravicher said.
Though OSRM's patent protection won't start until the beginning of 2005, it has set pricing: $150,000 per year for coverage of lawsuit and settlement costs of up to $5 million, Ravicher said.
OSRM's patent-protection plans are the latest development in the sometimes uneasy interaction between the open-source programming movement, which shares code freely, and the proprietary software world, which puts a premium on proprietary technology. The issue became a very real concern when the SCO Group sued IBM, arguing that Big Blue had moved proprietary Unix technology into Linux against the terms of a contract.
And the issue has been getting more attention. A just-surfaced two-year-old memo from a Hewlett-Packard executive highlighted patent-infringement risks in Linux, and Linux foe Microsoft is putting increasing emphasis on its patent portfolio, with a goal to apply for 3,000 new patents this year.
