Microsoft makes 60,000 patents available to Linux patent group

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Microsoft joins the Open Invention Network, a consortium of companies that share patents to protect open source software, especially Linux, from claims. In the past, Microsoft has made such claims against Linux and Android.

With the entry, Microsoft makes licenses on a portfolio of 60,000 patents available royalty-free and unlimited to the other members of the Open Invention Network, including Google, IBM, SUSE and Philips. The members of the OIN mutually license Linux technology and promise not to sue each other with patent claims in this area.

According to Keith Bergelt, director of the Open Invention Network, all patents pertaining to older open source technology, including those related to Android, the Linux kernel and OpenStack, are affected. It also includes patents related to newer technology, such as HyperLedger.

Erich Andersen, Microsoft’s chief executive of intellectual property, admits to ZDNet that the move is likely to be unexpected for many. “It’s no secret that there has been friction between Microsoft and the open source community over patents.” In particular, Steve Ballmer has repeatedly stated in the past that Linux uses Microsoft intellectual property and is likely to infringe patents, which could lead to claims. In 2011, Microsoft made a round of Android device manufacturers, including HTC, Samsung and Huawei, to monetize patents on that operating system. That earned the company billions of dollars.

A lot has changed at the software giant since then. The company is now a paying member of The Linux Foundation, recently joined the LOT Network, which protects developers from patent trolls, and has made several of its own open source products, such as .Net Server Core, Entity Framework and Visual Studio Code.

“We believe the protections provided by the OIN to the open source community will help contribute to and adopt open source technology,” Andersen said. “We are honored to stand alongside the OIN in its goal of protecting Linux and other important open source software from patent attack.”

Image that Microsoft has been using regularly since 2016 to show its love for Linux

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