A few weeks ago we reported that the Department of Justice (DOJ) was going to investigate the pending sale of over 6,000 Nortel patents to a consortium led by Apple and Microsoft. If approved, the deal would be completed sometime during this quarter.

Keith Bergelt, CEO of the Open Invention Network is asking for help. He wants developers and users to step up to the plate and share their views with the DOJ with the hopes that the sale will be denied or altered. The Open Invention Network was formed in 2005 to promote Linux by using patents to create a collaborative environment. These patents are available royalty-free to any company, and is currently backed by IBM, NEC, Novell, Philips, Red Hat and Sony.

Bergelt knows that Apple and Microsoft will use the patents to hinder the growth of Android and other open source mobile devices by charging licensing fees. He hopes the DOJ will rule this deal similar to the Microsoft purchase of Novell’s patents. In that deal, the DOJ said that the patents could only be used as a defense and could not be used to collect royalties. In order for this to happen developers, device makers, and IT communities need to step up to share their concerns. Bergelt feels the most valuable stories are ones of “coercive behavior, such as threats to developers of losing authorized status, or price increases to users, or any hint that using or working on the Android platform would affect the relationship with any of the companies in the consortium.”

These company’s intention is “coercing people,” Bergelt warned. “Threatening, illegal behavior is illegal behavior.” He said Microsoft prefers “working hand in hand in a conspiratorial fashion with companies they understand, like Apple. They would rather have a duopoly then have the gross uncertainty of open source. They don’t understand Linux, don’t have the capacity to compete long term with Linux platforms.”

I think the Bergelt’s solution is brilliant. Let Apple and Microsoft keep the patents, but only for defense. Everyone is sick of the lawsuits, and it is time to go back to innovation. I think the same can be said for Google’s purchase of Motorola and their 17,000 patents. There is no question that Google’s move was reactionary to the proactive patent trolling of Apple and Microsoft, and it is meant to be more of a defense rather than offensive. I may be on the Android side of the fence, but I wouldn’t want Google to copy the tactics of Apple and Microsoft. I just want to see innovation.

[via computerworld]