Linux Patent Risk [PDF]

As if Linux's problems with the SCO Group isn't enough -- the Open Source Risk Management (OSRM) group recently released a study that found Linux could be exposed to 283 issued patents. This issue poses a serious threat to Linux. Even though no one seems to believe that the potential patent infringements aren't over technology critical to Linux, if patent holders wanted to throw Linux off the tracks, they could just litigate and watch customers abandon the OS. The real problem is the US patent system. The US patent office often issues patents for technology that already exists, and those who challenge the patent award are usually the ones that have to carry the burdensome costs of proving so. Apparently, resolving patent disputes in the courts can typically cost between $2-4M US.