Open Source Risk Management (OSRM) says it has evaluated the legal exposure of the Linux kernel to software patent infringement risks, and has concluded that the exposure is “quantifiable and manageable.” Hence, OSRM plans to add patent infringement coverage to its portfolio of insurance products for open source users and developers.

OSRM previously launched a copyright indemnification insurance program, after putting unpatched Linux 2.4 and 2.6 source trees through rigorous examination using pattern matching technology. The company also offers copyright fringement insurance services to anyone, including embedded Linux developers, whose source code can pass its pattern-matching tests.

Today, OSRM announced the conclusion of its analysis of patent infringement risks in the Linux kernel, publishing a detailed position paper entitled Mitigating Linux Patent Risk. The good news is that “not a single patent fully reviewed and validated by the courts is infringed by the Linux kernel,” according to the paper. The bad news, OSRM says, is that “283 software patents not yet reviewed by the courts could potentially be used to support claims of infringement against Linux.”

OSRM notes that Linux is neither more nor less at risk from software patent lawsuits than proprietary software.

The paper goes on to recommend five steps that open source users and developers can take to minimize their legal exposure to patent suits. These steps, discussed in detail in the paper, include:

1. supporting structural reform of the patent system
2. recognizing that patent disputes can and will be resolved in ways that comply with the letter and spirit of free and open source licensing
3. contributing to historical databases of previously inaccessible prior art to help prove non-inventive patents invalid
4. being prepared to “design around” patents when necessary
5. obtaining patent infringement defense insurance

The complete position paper is available as a downloadable PDF file from OSRM's website.

 
This article was originally published on LinuxDevices.com and has been donated to the open source community by QuinStreet Inc. Please visit LinuxToday.com for up-to-date news and articles about Linux and open source.