Google announced today that the company is officially joining the Open Invention Network (OIN) by becoming a licensee. OIN licensees agree not to assert their patents against the Linux software ecosystem and in exchange gain royalty-free access to the OIN's collection of over 100 patents on critical technologies.
Google has invested a considerable amount of money in a wide variety of open-source software development projects in the past, perhaps most notably through its Summer of Code program. Google also makes extensive use of open-source technologies internally, so it isn't particularly surprising that the company is willing to make a cross-licensing agreement with the OIN. Google has nothing to lose and much to gain by entering into an agreement that protects Linux while also giving the company unfettered access to OIN patents. "Linux plays a vital role at Google, and we're strongly committed to supporting the Linux developer community," Google open-source programs manager Chris DiBona said in a statement. "We believe that by becoming an Open Invention Network licensee, we can encourage Linux development and foster innovation in a way that benefits everyone. We're proud to participate in OIN's mission to help Linux thrive."
Software patents, which are generally considered antithetical to the principles of unencumbered redistribution inherent in the open-source software development model, are increasingly perceived as a potential threat to the open-source Linux operating system. Most large software companies accumulate sizable defensive patent portfolios that they can use in elaborate cross-licensing agreements to avoid having to pay burdensome licensing fees or face the risk of litigation. Independent open-source software developers generally don't have the resources or desire to accumulate such patent portfolios, which puts them at a significant disadvantage in patent negotiations. The OIN, which counts IBM, Sony, and Red Hat amongst its chief members, aims to establish a broad, collective patent pool that can be used to discourage patent litigation against the Linux software ecosystem and to promote unencumbered patent access for open-source software development projects.
Although the OIN's inclusive and transparent patent cross-licensing model decreases the detrimental impact that the runaway patent system has on innovation in software development, it is not the best solution possible. In order to find a more permanent solution to the patent problem, companies like Google need to continue participating in the public debate over patent reform.
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