OIN marks 20 years of defending Linux and open source from patent trolls

Today, open-source software powers the world. It didn’t have to be that way. The Open Invention Network’s (OIN) origins are rooted in a turbulent era for open source. In the mid-2000s, Linux faced existential threats from copyright and patent litigation. Besides, the infamous SCO lawsuit and Microsoft’s claims that Linux infringed on hundreds of its patents cast a shadow over the ecosystem.

Business leaders became worried. While SCO’s attacks petered out, patent trolls — formally known as Patent Assertion Entities (PAEs) — were increasing their attacks. So, open-source friendly industry giants, including IBM, Novell, Philips, Red Hat, and Sony, formed the Open Invention Network (OIN) to create a bulwark against patent threats targeting Linux and open-source technologies. Founded in 2005, the Open Invention Network (OIN) has evolved into a global community comprising over 4,000 participants, ranging from startups to multinational corporations, collectively holding more than three million patents and patent applications.

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At the heart of OIN’s legal strategy is a royalty-free cross-license agreement. Members agree not to assert their patents against the Linux System, creating a powerful network effect that shields open-source projects from litigation. As OIN CEO Keith Bergelt explained, this model enables “broad-based participation by ensuring patent risk mitigation in key open-source technologies, thereby facilitating open-source adoption.”

This approach worked then, and it continues to work today. 

As more companies realized the value of open source, they joined in increasing numbers. Indeed, in 2018, Microsoft not only joined the OIN, but the company also shocked the world by offering its entire 60,000 patent portfolio to all of the open-source patent consortium’s members. 

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Why? Because it made good business sense. As Microsoft VP and Deputy General Counsel Burton Davis explained in 2022: “Microsoft is committed to open source, and continues to invest and collaborate across the broad open-source landscape. As a beneficiary and active participant in the open-source ecosystem, Microsoft is committed to doing its part, together with the broader open-source community, to protect this valuable resource from patent risk and other challenges.”

Over the years, OIN’s mission has expanded beyond Linux to cover a range of open-source technologies. Its Linux System Definition, which determines the scope of patent cross-licensing, has grown from a few core packages to over 4,500 software components and platforms, including Android, Apache, Kubernetes, and ChromeOS. This expansion has been critical, as open source has become foundational across industries such as finance, automotive, telecommunications, and artificial intelligence.

OIN’s defensive activities go beyond licensing. The organization actively neutralizes patent threats through third-party preissuance submissions, prior-art collection, invalidity analysis, and ex parte reexaminations. For example, OIN played a pivotal role in helping the GNOME Foundation defeat a patent lawsuit from Rothschild Patent Imaging, a notorious patent troll.

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In 2019, OIN joined forces with IBM, Microsoft, and the Linux Foundation to fund a multi-million-dollar initiative with Unified Patents’ Open Source Zone, further strengthening defenses against patent trolls targeting open-source software. Together, they attack the trolls by arguing that their patents should not have been granted in the first place. This approach has been successful.

Industry leaders consistently credit OIN for enabling the open-source revolution. Jim Zemlin, the Linux Foundation’s executive director, noted that OIN’s work has “driven patent protection in core technologies, which has enabled companies to innovate and invest in technologies that differentiate their products higher in the software stack.” Chris Wright, Red Hat‘s CTO, emphasized that OIN’s efforts have “led to incredible innovations in areas like telecommunications, cloud computing, and AI.”

Google’s Head of Open Source Programs Office, Anne Bertucio, summed up OIN’s contribution: “Open source is at the heart of computing and is critical to how technology is shared, co-developed, and advanced. OIN’s 20 years of work have been essential in defending the open-source ecosystem from patent aggressors and protecting the ability to work openly.” 

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As open source expands into new domains, such as AI security, automotive, and energy, the OIN will continue to grow and ensure ongoing protection for the technologies driving our digital economy.