Textbook (Photo credit: Wikipedia)
Open-education resources have been hailed as a trove of freely available information that can be used to build textbooks at virtually no cost. But a copyright lawsuit filed last month presents a potential roadblock for the burgeoning movement.
A group of three large academic publishers has sued the start-up Boundless Learning in federal court, alleging that the young company, which produces open-education alternatives to printed textbooks, has stolen the creative expression of their authors and editors, violating their intellectual-property rights.
It appears as though the first patent suit against Linux — targeting Red Hat and Novell — is now official. According to Groklaw’s Pamela Jones:
IP Innovation LLC has just filed a patent infringement claim against Red Hat and Novell. It was filed October 9, case no. 2:2007cv00447, IP Innovation, LLC et al v. Red Hat Inc. et al, in Texas. Where else? The patent troll magnet state…… [this is] The first ever patent infringement litigation involving Linux. Here’s the patent, for those who can look at it without risk. If in doubt, don’t. Here’s the complaint [PDF]….The plaintiff is asking for an injunction, along with damages.
Jones goes on to cite some relevant points of the complaint but then, like the Six Degrees of Kevin Bacon, unearths a potential connection to Microsoft. According to a story posted by Patent Troll Tracker well before this lawsuit turned up, IP Innovation LLC is a subsidiary of Acacia Research Corporation which the site classifies as a patent troll. This past July Acacia hired Jonathan Taub away from his job as Director, Strategic Alliances for the Mobile and Embedded Devices (MED) division at Microsoft and then, just last week, it hired Brad Brunell away from his job at Microsoft where, among other jobs, he served as General Manager, Intellectual Property Licensing.
The blogosphere is likely to have a field day with this connection and I suspect that dumpsters will be dived in hopes of finding a less tenuous connection to Microsoft. The timing of the suit seems rather serendipitous given both the timing of Brunell’s move as well as the threats that Microsoft CEO Steve Ballmer issued last week — ones that specifically mentioned patents (vs. the other form of intellectual property; copyrights). Even so,
Is there a connection? Well, there’s no smoking gun at this point. And if there was such a connection, you can’t help but wonder why Novell would be named in the suit since Microsoft and Novell are now working together to better integrate Windows with Novell’s Suse Linux and the arrangement includes patent protection for Novell. So, you’ll have to judge for yourself what’s going on here.
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Posted in Linux, Microsoft, Red Hat
Tagged Acacia, Ballmer, Bill Gates, claim, copyrights, Intellectual Property, IP Innovation, Jonathan Taub, Kevin Bacon, Linux, Microsoft, Microsoft CEO, Novell, Patent, patent infringement, Patent Troll Tracker, Red Hat, SCO, smoking gun, suit, SUSE