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IBM's Statement of Non-Assertion of Named Patents Against OSS
Contributor: International Business Machines, Inc. (IBM)
Publication Date: 01-11-2005

IBM Statement of Non-Assertion of Named Patents Against OSS

IBM is committed to promoting innovation for the benefit of our customers and for the overall growth and advancement of the information technology field. IBM takes many actions to promote innovation. Today, we are announcing a new innovation initiative. We are pledging the free use of 500 of our U.S. patents, as well as all counterparts of these patents issued in other countries, in the development, distribution, and use of open source software. We believe that the open source community has been at the forefront of innovation and we are taking this action to encourage additional innovation for open platforms.

The following is the text of our pledge. It is our intent that this pledge be legally binding and enforceable by any open source software developer, distributor, or user who uses one or more of the 500 listed U.S. patents and/or the counterparts of these patents issued in other countries.

IBM's Legally Binding Commitment Not To Assert the 500 Named Patents Against OSS

The pledge will benefit any Open Source Software. Open Source Software is any computer software program whose source code is published and available for inspection and use by anyone, and is made available under a license agreement that permits recipients to copy, modify and distribute the program's source code without payment of fees or royalties. All licenses certified by opensource.org and listed on their website as of 01/11/2005 are Open Source Software licenses for the purpose of this pledge. IBM hereby commits not to assert any of the 500 U.S. patents listed below, as well as all counterparts of these patents issued in other countries, against the development, use or distribution of Open Source Software.

In order to foster innovation and avoid the possibility that a party will take advantage of this pledge and then assert patents or other intellectual property rights of its own against Open Source Software, thereby limiting the freedom of IBM or any other Open Source Software developer to create innovative software programs, the commitment not to assert any of these 500 U.S. patents and all counterparts of these patents issued in other countries is irrevocable except that IBM reserves the right to terminate this patent pledge and commitment only with regard to any party who files a lawsuit asserting patents or other intellectual property rights against Open Source Software.

Copyright 2005 International Business Machines, Inc. All rights reserved.

Notes:

IBM's Statement

View all Patents associated with this Commitment