Linux Foundation & CNCF Target ‘Patent Troll’ Non-Practicing Entities

Eminently familiar friends, the Linux Foundation and the Cloud Native Computing Foundation (CNCF) have expanded a partnership initiative with Unified Patents to defend open-source software against Non-Practicing Entities (NPEs). 

Unified Patents is a member-based organization dedicated to improving patent quality and reducing invalid patent assertions in technology. Committed to defending bona fide opens source software patent activity from NPEs – organizations, entities or individuals who acquire a patent, but do not proceed to commercialize the invention or innovation and are sometimes referred to as “patent trolls” – this triumvirate group of steadfast open source advocates will work for the common good of user and the community.

Step 1 of 7

14%

Which of the following best describes how you currently monitor and manage systems across your hybrid cloud environment?(Required)

Multiple separate tools for different environments

Multiple separate tools for different monitoring and management functions

Single consolidated dashboard

Custom built monitoring and management solution

No full monitoring and management solution

Don’t know

How valuable would it be for your monitoring and management solution to incorporate predictive analytics to help you identify and address system issues that are critical and not waste time or effort working through all the data and “noise” that is not critical?(Required)

Extremely valuable

Moderately valuable

Somewhat valuable

Slightly valuable

Not valuable

How do you most typically address potential system issues BEFORE they impact your operations?(Required)

Automated workflows and playbooks to remediate potential issues as soon as they are detected

An orchestrated response process that leverages automation, AI, and human expertise to rapidly respond to potential issues

Advanced monitoring tools such as predictive analytics and anomaly detection to proactively identify and address potential issues

Respond to issues as they arise, using manual processes and troubleshooting techniques

A combination of automated remediation, orchestrated response, and/or proactive monitoring to address potential system issues

Don’t know

Other

What methods does your organization use to control and monitor cloud/IT spending?(Required)

Centralized procurement processes

Pre-approved budget thresholds

Automated cost monitoring tools

Department-level spending controls

Regular cost audits and reviews

Cloud cost optimization platform

Approval workflows for resource provisioning

Native financial operations tools provided by the cloud provider

No formal controls in place

Don’t know

Other

Please specify:

Which methods do you rely on most to detect security vulnerabilities in your systems?(Required)

Automated scanning tools

Manual assessments

Vendor notifications

Threat modeling (for early detection)

None of these

Don’t know

Other

Please specify:

What are the TWO most common ways you prioritize vulnerabilities to address within your environment?(Required)

Based on potential impact

Based on exploitability

Regulatory compliance requirements

Based on CVSS scores

Risk-based analysis of multiple factors

First-in-first-out approach

No formal prioritization process

Don’t know

How do you typically handle system updates and security patches?(Required)

Automated updates and patches

Manually review and apply updates and patches on a regular schedule

A combination of automation and manual review

Apply updates and patches on an as-needed basis.

Outsourced update and patch management

No defined process

Don’t know

Other

Δ

As defined by Thompson Reuters Practical Law, “NPEs typically do not manufacture or sell any products or conduct any commercial processes. NPEs exploit acquired patents by: Enforcing the patent rights against alleged infringers; or obtaining royalties or other payments for licensing or transferring the patent rights to third parties.”

“We are thrilled to deepen our collaboration with Unified Patents,” said Mike Dolan, senior vice president and general manager, projects and legal at the Linux Foundation. “This partnership not only strengthens our collective defense strategy but also provides our members with critical resources to navigate and counter the complex NPE landscape.”

Fighting Frivolous Patent Assertions 

The partnership here aims to defend the open-source ecosystem against what all parties say is the growing threat of “frivolous patent assertions” targeting open-source and cloud-native technologies.

Unified Patents is described as a recognized leader in the fight against NPEs. The organization has promised to underscore the Linux Foundation and CNCF’s commitment to safeguarding open-source projects and their users, who are increasingly the targets of patent trolls.

This initiative builds on previous collaborations with Unified Patents. In 2019, the Linux Foundation and Unified Patents partnered to create an Open Source Zone to defend projects from NPEs. 

“As cloud native technologies continue to advance, it becomes even more important to guard against patent trolls that do nothing but hinder the open source ecosystem that drives untold innovation, efficiency and productivity,” said Priyanka Sharma, executive director of the Cloud Native Computing Foundation. “These advantages will better defend our community and members as well as ensure continued progress for our ecosystem and the cloud-native industry at-large.”

Proactive NPE Defense Playbook

With some 1300 companies signed up as card-carrying members of the Linux Foundation and CNCF, the initiative will deliver a proactive NPE defense playbook which includes annual NPE risk analysis, patent portfolio analysis, access to Unified Patents’ PATROLL prior art bounty program (an analysis used to determine whether an invention is novel or not, based upon publicly available information) and regular updates on NPE activities.

“Our expanded partnership with Unified Patents is valuable to the Linux Foundation and CNCF members and an exciting development for keeping non-practicing entities at bay. By furthering the availability of resources to mitigate costly litigation from non-practicing entities, we can more effectively protect the open source ecosystem and ensure that innovation continues unencumbered,” said Jim Zemlin, executive director at the Linux Foundation

The Linux Foundation, CNCF and Unified Patents encourage the open source community to take full advantage of the advantages offered through this partnership.