IBM: 'We will not sue' Linux

IBM has promised not to use its formidable collection of technology patents against Linux and challenged other companies to do the same, working to dispel one cloud that hangs over the open-source programming movement.

Drawing applause at the LinuxWorld Conference and Expo in San Francisco, Nick Donofrio, senior vice president for technology and manufacturing at IBM, said: "IBM has no intention of asserting its patent portfolio against the Linux kernel, unless of course we are forced to defend ourselves."

The tech giant's announcement could relieve some who fear the legal threat of the computing industry's largest patent arsenal. But it doesn't address the more tangible danger that Microsoft, an avowed Linux enemy, could attack.

Microsoft declined to comment for this story. But in April, the company's top lawyer said the software giant is willing "to work creatively" and to license its technology. However, patent licenses requiring royalty payments are prohibited for software governed by one major open-source licence, the General Public Licence (GPL).

IBM's announcement is timely: Open Source Risk Management, an insurance company that sells legal protection for Linux users, said on Monday that IBM holds 60 patents that Linux potentially infringes. And the open-source software movement is much broader than just Linux.

Stephen Shankland writes for News.com