"IBM is not letting loose 500 software patents in the world for
just anyone to use. Under the agreement it has in effect for those
500 software patents, IBM is specifically saying that it will not
enforce its patents when these 500 are used in open source
programs, such as Linux, Apache, MySQL, and other popular programs.
IBM is firmly retaining control of those patents, and is in no way
relinquishing control of them to the open source community. It is,
however, allowing them to be used in the creation of open source
programs without the normal intellectual property licensing fees.
To use the patents freely, an individual, company, or community
project has to be working on or using open source software that
meets the definition of open source created by the Open Source
Initiative (OSI), a nonprofit corporation that promotes open