Microsoft Patent Non-Assertion Covenant for Web Services

Interesting post by David Berlind at Microsoft patent non-assertion covenant is remarkable | Between the Lines | ZDNet.com

"Microsoft has issued a declaration — something it calls the Open Specification Promise — that it won't assert certain Web services patents it holds (or may hold in the future). Martin Lamonica reports:

Microsoft is pledging not to assert its patents pertaining to nearly three dozen Web services specifications–a move designed to ease concerns among developers by creating a legal environment more friendly to open-source software….The software giant published on Tuesday the Microsoft Open Specification Promise (OSP) on its Web site."

More Fun With License Agreements and SOA

How many of us I/T Architects actually read and care about all that legal jargon associated with software license agreements? How many times have you just clicked “Yes, I Accept” without really reading what you agreed to? I know I'm guilty and I expect 98% of you are too.

We all may have to start calling our friendly neighborhood intellectual poperty (IP) attorney. Check out Chris Lindquist’s blog TechLinkLetter on the CIO.com website and his article “GPL 3.0: Open Source Renews Its License” too see how rumored changes in GPL 3.0 might impact anyone using open source software in a Service Oriented Architecture (SOA) environment. Here are a few quotes:

“Second, and potentially much more challenging, is the possibility that GPL 3 will impose its licensing conditions on GPL-based software that is not physically distributed, but is exercised by remote execution. Specifically, the rumor is that the redistribution requirements will be imposed on GPL software used as part of a “Software as a Service” implementation. This means, for example, if an application service provider uses modified GPL code in its product, it would have to make the modified code available free to the public.

And remember that “viral” thing? That means if the modified GPL code is commingled with the ASP’s proprietary code, the whole thing could potentially becomes GPL. There’s no doubt that some software-as-a-service vendors will get caught up in this license requirement, should it come to pass.

And there’s another organization that could get tangled: yours. If you are one of the many IT organizations moving to service-oriented architectures (SOA), you are delivering software as a service. If part of your software stack is GPL, any changes to the license could affect your obligation to release your source code publically.”

The postings on this site are my own and don't necessarily represent IBM's positions, strategies, or opinions.

Facinating Look at Intellectual Property Law

I stumbled across an interesting blog which talks about all kinds of topics related to intellectual property law and the impact of pirating and open source communities. Check out PHOSITA:::an intellectual property weblawg , a "blawg" (legal blog) blogging intellectual property legal issues of interest: patent, copyright and trademark law.

One article seems particularly interesting: Engines of Growth - Report of the Economic Contributions of the US Intellectual Property Industries.

Copyright © 2005 by Philip Hartman - All Rights Reserved

The postings on this site are my own and don't necessarily represent IBM's positions, strategies, or opinions.

Still More Good Words on Intellectual Property Issues in the New World Order of Open Communities

Irving Wladawsky-Berger says it much better than I could. Check out out Supporting Innovation in Open Communities to read observations about the talent present in self-organizing groups of people with a purpose and how they might attract "the attention of those who view it as a competitive threat and might want to use IP as a “FUD” factor" and attract the attention of "those who are looking to enrich themselves by claiming IP infringements. "

Copyright © 2005 by Philip Hartman - All Rights Reserved

The postings on this site are my own and don't necessarily represent IBM's positions, strategies, or opinions.

Royalty-free Linux Patent Sharing

An interesting development in the continuing saga of Linux and whether Linux users are open to patent infringement lawsuits. IBM, Sony, Phillips, Novell, and Red Hat have joined forces to form the Open Invention Network (OIN) to create a company for sharing Linux patents, royalty-free.

The postings on this site are my own and don't necessarily represent IBM's positions, strategies, or opinions.