Source URL: https://www.theregister.com/2024/09/18/open_source_orgs_strengthen_alliance/
Source: The Register
Title: Open source orgs strengthen alliance against patent trolls
Feedly Summary: The more successful FOSS gets, the more it becomes a target
Patent trolls are increasingly targeting cloud native open source projects, leading the Cloud Native Computing Foundation and Linux Foundation to make efforts to extend their legal shields over such efforts.…
AI Summary and Description: Yes
Summary: The text discusses the rising threat of patent trolls, or non-practicing entities (NPEs), targeting cloud native open source projects, particularly focusing on the implications for the Cloud Native Computing Foundation (CNCF) and The Linux Foundation. It highlights legal strategies to combat these threats and the growing trend of NPE patent claims in the tech industry.
Detailed Description: The text examines the increasing incidence of patent infringement claims made by NPEs against cloud native open source projects. Key points include:
– **Patent Trolls and Their Impact**:
– NPEs exist to extract licensing fees rather than to produce products. They increasingly target widely adopted technologies, such as Kubernetes.
– Joanna Lee from CNCF emphasizes the profitability of targeting ubiquitous technologies.
– **Legal Defense Initiatives**:
– The Linux Foundation and CNCF announced an expanded partnership with United Patents to provide legal defenses for members against NPE claims.
– Services include NPE risk analysis and participation in a crowdsourced PATROLL program aimed at identifying prior art to counter invalid patents.
– **Statistics and Trends**:
– In 2015, there were only 32 patent assertions against cloud native open source projects; this number has surged to 126 in 2023.
– NPEs accounted for a staggering 87% of patent assertions last year in the high-tech sector.
– **Challenges and Legislative Concerns**:
– Existing Supreme Court rulings have limited claims against patent validity, but new proposed legislation (the PREVAIL Act) may hinder the ability to challenge NPE claims.
– The proposed bill introduces stringent restrictions on challenging patents, which could exacerbate the vulnerability of smaller entities.
– **Financial Implications**:
– Around 98% of NPE claims end in settlements, with significant costs associated with legal defenses — averaging $200,000 to $500,000 for administrative challenges, and up to $5 million in District Court disputes.
– **Support for Smaller Entities**:
– The initiative is aimed at helping smaller companies lacking the resources to adequately defend themselves against patent claims, thereby leveling the playing field.
Overall, this analysis emphasizes the rising trend of patent litigation in the cloud native sector and the collaborative efforts being undertaken to mitigate these risks. Security and compliance professionals must remain vigilant about these legal threats, particularly as they may affect the development and deployment of cloud native technologies.