IBM executive denies open-source sellout

IBM denies its open-source patents will be used to sue TurboHercules

IBM will not use its open-source patents in any potential legal actions it may bring against TurboHercules, an IBM company executive seemingly asserted on Wednesday.

"IBM stands by this 2005 Non-Assertion Pledge today as strongly as it did then. IBM will not sue for the infringement of any of those 500 patents by any Open Source Software," wrote Dan Frye, an IBM vice president of open systems development, in a letter sent to Linux Foundation executive director Jim Zemlin.

Frye was responding to a question from Zemlin concerning a heated discussion in the open-source community about IBM's potential use of open-source patents in an ongoing dispute the company is having with Paris software company TurboHercules.

In March, IBM sent a letter to TurboHercules President Roger Bowler stating that the French company was illegally using IBM's patented technology in its open-source mainframe emulation software. In the letter, IBM listed 106 of its U.S. patents that are possibly being used by TurboHercules in the software.

According to a blog posting from software developer and political lobbyist Florian Mueller, two of the patents were among the 500 that IBM decreed (PDF) in 2005 that it would not use against the open-source community.

In the letter to Zemlin, Frye did not discuss the TurboHercules case by name, though his letter expressed a promise "not to assert any of the 500 U.S. patents listed" against the development, use and distribution of open-source software.

Perhaps Frye will discuss the matter more in depth during his talk at the 2010 Linux Foundation Collaboration Summit next Wednesday in San Francisco.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags open sourcelegalpatentsIBM

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Joab Jackson

IDG News Service
Show Comments

Cool Tech

Toys for Boys

Family Friendly

Stocking Stuffer

SmartLens - Clip on Phone Camera Lens Set of 3

Learn more >

Christmas Gift Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Michael Hargreaves

Microsoft Office 365/Dell XPS 15 2-in-1

I’d recommend a Dell XPS 15 2-in-1 and the new Windows 10 to anyone who needs to get serious work done (before you kick back on your couch with your favourite Netflix show.)

Maryellen Rose George

Brother PT-P750W

It’s useful for office tasks as well as pragmatic labelling of equipment and storage – just don’t get too excited and label everything in sight!

Cathy Giles

Brother MFC-L8900CDW

The Brother MFC-L8900CDW is an absolute stand out. I struggle to fault it.

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Laura Johnston

MSI GS65 Stealth Thin

If you can afford the price tag, it is well worth the money. It out performs any other laptop I have tried for gaming, and the transportable design and incredible display also make it ideal for work.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?