Aiming to head off any perceived intellectual property risk associated with Linux and open source, IBM, Philips, Sony, Red Hat, and Novell have formed the Open Invention Network (OIN) to buy Linux-related patents from holders and create a pool of intellectual property that it then can license out – without charge – to others.

Gerald Rosenthal (pictured), former Vice President Intellectual Property & Licensing at IBM, will head up the new nonprofit company. Its initial assets, according to a Reuters report, will include patents purchased for $15.5 million by Novell from Commerce One Inc.

"Open collaboration is critical for driving innovation, which fuels global economic growth," said Rosenthal.

"Impediments to collaboration on the Linux operating system seriously jeopardize innovation," he continued. "A new model of intellectual property management for Linux must be established to maintain advances in software innovation - regardless of the size or type of business or organization."

The new company, Rosenthal said, will foster an open, collaborative environment that stimulates advances in Linux - helping ensure the continuation of global innovation that has benefited software vendors, customers, emerging markets and investors, among others.

"Open Invention Network is not focused on income or profit generation with our patents," he said, "but on using them to promote a positive, fertile ecosystem for the Linux operating system and to drive innovation and choice into the marketplace."

"We intend to spur innovation in IT and across industries by helping software developers focus on what they do best - developing great Linux-related software with greater assurance about intellectual property issues," Rosenthal added.