Docker huddles under Linux patent-troll protection umbrella

Docker has joined an open-source and Linux umbrella that provides shelter against possible patent trolls. The Linux container, finding favour in the cloud as a foundation of microservices, joins 115 packages protected by the Open Invention Network (OIN). Joining Docker in the OIN shelter are Puppet, Ceph, the full LibreOffice …

[Electron Shepherd]

The thing is, now they have loads of cash in the bank (wasn't it $90M added recently?), they're worth suing. Nobody sues a pauper.

Not sure I quite agree with "The more attention you get there’s more potential for infringement.". It seems to me that the code either infringes one or more patents or it doesn't. Increased attention doesn't increase the potential for infringement; it increases the likelihood that an existing infringement will be discovered.

The other possibility is that he's maybe worried that in order to achieve faster development times, the Docker developers will, in an attempt to avoid reinventing the wheel, "accidently" steal someone else's hubcaps, as it were.

[boba1l0s2k9]

re: @Electron Sheperd

I take it you've never written software for a major commercial product. There are for all practical purposes an infinite number of patents. All of them written in dense indecipherable legalese. Any code you ever write could by some completely unreasonable interpretation of an obscure patent be applied against you. It's not an issue of developers knowingly infringing, or even having any possibility of knowing when they are infringing. It's an issue of patent trolls being able to sue anybody for anything at any time. This is why you need to have your own patents, and/or participate in patent shielding agreements like this so you can defend yourself from amoral opportunist patent trolls that are willing to bend the letter and spirit of any patent or law to make a buck. I've had to deal with this nonsense a couple times and I'm confident you'd be shocked by how vague / meaningless / ridiculous the patents are which are asserted against companies actually producing products.

[Dr. Mouse]

Re: re: @Electron Sheperd

There are for all practical purposes an infinite number of patents.

Here's the rub for a hell of a lot of cases, not just software, and not just using obscure interpretations.

Unless you can afford to hire a specialised team who have intimate knowledge of patent legalese and your own field plus many others, it is nearly impossible to be certain that you are not infringing a patent in some way. There are so many that looking through them yourself will only get you so far. Even such a team could easily miss one.

I have done my own patent research in the past. It turned out my invention was covered by an existing patent, but I was already part way through the application when I stumbled across it. I had done a lot of research beforehand, but the patent in question did not look, at first glance, to be even remotely relevant. It was only when I read in more detail (I was interested in that particular patent outside the purposes of my own patent application) that I found that it mostly covered my own invention. The parts remaining were too trivial to be worth a patent.

[tlhonmey]

The average tactic of the stereotypical patent troll is not to find a patent that you are clearly infringing and sue you for it. It's to find a patent that you arguably *might* be infringing, and then threaten to sue you and intentionally drag the case out as long as possible in court, thereby costing you millions in legal fees and lost work time if you don't agree to pay them a few hundred thousand to go away. Most of the time they don't even win their cases, but they've still cost you years worth of sitting in court. They can bankrupt your company without having a valid claim, and sometimes without even actually identifying what you're actually doing that violates the patent.

[Herby]

Patent trools...

On the US TV Show _Last Week Tonight_ (HBO) they had a segment on patent trolls. It was quite interesting and included a video of the Samsung Ice rink that is right outside the federal courthouse in the Eastern District of Texas (it was quite humorous!).

They also talked about the legislation that was stalled in the US Senate because of (you guessed it!) the trial lawyers association (surprise! surprise!). If you can look at this episode (or El Reg can get a link) you will find it quite interesting!

[WibbleMe]

The would would be a better place with out Patents

How much less electricity would software use because of better designs

How more flue efficient would cars be

How many 3'd world countries could manufacture their own vaccines