For those interested in protecting things, I suppose patents are also 
another mechanism, assuming technology that is truly new, and plenty of 
money for lawyers. Patents even seem to be involved with Open Source. For 
example, the site that distributes the Spec for MPEG4 also gives away the 
source code MPEG4 Reference Software. At the same time it warns that the 
source, although open, contains material that is patented. If you go to 
Microsoft's site, they will give you instructions on how to pay them off to 
use their patents in your product built from the Reference Software, or 
otherwise.

- Don

----- Original Message ----- 
From: "PWISVNEWS" <[EMAIL PROTECTED]>
Sent: Wednesday, January 12, 2005 12:22 AM
Subject: IBM PartnerWorld News: ISV edition 1 January 12, 2005


A Message from Buell Duncan
General Manager, ISV & Developer Relations

Yesterday IBM made an announcement that is of particular importance to ISVs 
and developers. IBM has pledged open access to more than 500 software 
patents to individuals and groups working on open source software. We 
believe this is the largest pledge ever of patents of any kind, and 
represents a major shift in the way IBM manages and deploys its intellectual 
property portfolio.

This pledge is applicable to any individual, community or company working on 
or using software that meets the OSI definition of open source software now 
or in the future. Access to these patents will allow developers to focus 
more on adding value in terms of features, functions and interoperability 
while eliminating certain legal concerns that can add time and expense to 
software development.

You may recall that at Linux World in August, IBM pledged not to assert any 
of its patents against the Linux kernel. Today's pledge covers thousands of 
open source projects and programs including Apache, OpenOffice, Samba, 
Mozilla and all of Linux. We hope that this pledge can form the basis of an 
industry-wide "patent commons" in which patents are used to establish a 
platform to drive further innovation in areas of broad interest to 
information technology developers and users.

IBM participates and contributes to more than 150 open source projects, more 
than any other company--including a $1 billion investment in Linux in 1998, 
a  $40 million donation to Eclipse in 2001 and the recent donation of its 
Java-based Cloudscape database offering to the Apache Foundation, which is 
estimated to be worth $85 million. Our objective is simple: we want to help 
spur more innovation around applications and the development community.

The United States Patent and Trademark Office also announced that IBM earned 
more U.S. patents than any other company in 2004 for the twelfth consecutive 
year. We believe that leadership in innovation, however, is not just about 
the number of patents issued. We believe it's about innovating to benefit 
customers, partners and society. We see our pledge today as the beginning of 
a new era in how IBM will manage intellectual property.

IBM will continue to use patents to encourage collaborative innovation and 
open standards. The pledged patents cover a wide breadth, including patents 
on operating systems, databases and XML. The pledged patents and further 
related information is posted on IBM's Web site at 
http://www.ibm.com/news/us/en/2005/01/patents.html

I hope you share our enthusiasm about this pledge and what it signals for 
the future of openness, interoperability and collaborative innovation. 
Please join us in encouraging others to take similair actions. This is an 
important idea whose time has come.

Buell


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