1. Innovation and the Preservation of Freedom of Action/Choice in Linux and OSS: OIN and a Host of Complementary Paths to Patent Non-Aggression in Linux/OSS

2. Linux/OSS is Pervasive Telecom/Mobility Enterprise/Personal Computing

3. Linux/OSS is Pervasive Automotive Home EMERGINGEMERGING MARKETSMARKETS

4. Linux/OSS – Community Hygiene Copyright Licenses Copyright Management Patent Licenses/Pledges/Promises Binary AnalysisTool

5. Patents and a Community of Interest Patent Non-Aggression is Part of the Emerging Culture of Linux/OSS Community Various Paths to Patent Non-Aggression are being explored…

6. 6 Complementary Paths to Patent Non-Aggression in Linux/OSS Red Hat Authors the First Patent Promise in Linux/OSS World in 2001 (cross portfolio) OIN Formed to Support Patent Non-Aggression within Linux System (cross license within scope of Linux) IBM Makes Non-aggression Pledge Related to 500 patents dedicated to the Linux Patent Commons in 2005 (specific patents) UC Berkeley Professors Urban and Schultz Spur broader debate of non-aggression in software with the introduction of the Defensive Patent License in 2011 (cross portfolio) Twitter Announces a Inventor-friendly Patent Non-aggression Pledge in 2012 (cross portfolio) Google Opens Public Debate on the Subject and Simultaneously Announces Cloud Patent Pledge in late Q1 2013 (specific patents) & LOT Program Community and Individual Approaches DPL Urban/Schultz 2011 2013 20122005 2001

7. Enable Influence Protect OIN Mission OIN- Fostering Community of Interest

8. 8 Patent Acquisition Broad Scale licensing of “OIN Owned” patents Cross Licensing of Linux System Patents Defensive Patent Sales – Red Hat, Google, Salesforce.com Directed Invention (Limitation of New Patent Risk) Defensive Publication (statements of prior art that limit patent issuance – number and scope of claims) Pre-Issuance Submission Post-Issuance Prior Art Identification – litigation support and/or pre-litigation assertion support Coordinate “Work Arounds” of Select PatentsCoordinate “Work Arounds” of Select Patents PR/Public Awareness through IP and OSS Presentations Press Releases and Quotes to Inform Perspective of Journalists/Bloggers Selective Policy Initiatives – ITC, EC, DOJ Patent Aggression and the New Operating Company Environment in an OSS WorldWhite Papers – OS as Economic Catalyst, OS as Procompetitive Model (US, Europe), Patent Aggression and the New Operating Company Environment in an OSS World Linux Defenders 911 Call Responses/Non- legal guidance OIN’s Work To Foster Choice by Neutralizing the Impact of Linux Patent Antagonists

9. OIN Licensing Status by Quarter OIN Licensing – Fostering Community OIN Licensing has Reached a Tipping Point and has Become a Implicit Manifestation of Community Values/Obligations

10. 898 total licensees at 5/28/14 This number includes associate member and corporate licensees but does not include individual licensees. OIN Licensees by Region

11. Greatest market penetration in English-speaking economies, with other leading economies providing the second largest percentage of licensees, and the greatest growth potential lying in developing economies. OIN Licensees by Country

12. Realizations that Drive OIN Licensing Commitments: OIN Licensing – Fostering Community OIN Licensing has Reached a Tipping Point and Moved from “Supply Push” to “Demand Pull” 1)The only reason to not be a OIN licensee is a desire to reserve a right to sue within Linux 2)Working Authentically in OSS/Linux Requires a Parallel Commitment to Adopting Key Community Values such as patent non-aggression in the areas where technological collaboration occurs i.e. Linux System 3)Patenting occurring within the parameters of the Linux System is cost-consumptive, runs contrary to community values and will never be a source of sustainable differentiation

13. OIN - Key Developments Q1 2014 Licensing 898 Corporate Licensees, 100 Individual Licensees in the community 116 New Corporate Licensees joined Q1 (up from 93 new licensees in Q4 2013), 1 New Individual Licensee Q1 2014 Signed license agreements with JVC Kenwood, Verizon and VIA Technologies Series of Major Vendors and Users Poised to sign in Q2 2014 89 New Licensees Already Signed on in Q2 2014 – including Wolfson Microelectronics (10 th largest contributor to Linux according to Linux Foundation data) Successfully launched the Asian Legal Network outreach program to raise OSS awareness and share best practices in companion with the ELN and the LF’s Member Counsel

14. 14 OIN Licensees - Embracing Non-Aggression > 898 Global Licensees (OIN has Secured a New Licensee Every Day since mid-2013) > 700+ Global Patents & Applications > 250+ Defensive Publications > 350,000 Patents & Applications in Potential Cross- License/Grant Back Pool OIN IP Assets & Sample Licensees

15. OIN Licensees – Large and Small Coexist in Growing Community of Interest

16. 16 IT/Enterprise EXPANSION Automotive Home 20052012 Linux System Definition Defines OIN and Its Relevance as Protector Mobility / Tablet /Embedded Consumer Virtualization Cloud Data Middleware WebOS

17. 17 Red Hat Linux Distribution Architecture and Framework for Patent Non-Aggression Scope

18. 18 SUSE Linux Distribution Architecture and Framework for Patent Non-Aggression Scope

19. 19 Android OS Architecture and Framework for Patent Non- Aggression Scope

20. 20 WebOS Linux OS Architecture and Framework for Patent Non-Aggression Scope

21. Firefox OS

22. Tizen Linux OS Architecture and Framework for Patent Non- Aggression Scope

23. Open Stack Cloud OS Architecture and Framework for Patent Non-Aggression Scope

24. Inclusivity is Key to Future Non-Aggression More Must Be Done to Ensure Patent Freedom in Principal OSS Projects

25. Open Source/Linux is a Social Phenomenon with Far Reaching Ramifications for Innovation - Economic Principle of Increasing Returns Applies 1 + 1 +1 = 6 As a result - –Open Source/Linux Enable Innovation in a Manner that is Threatening to Operating Companies Seeking to Restrict the Manner and Output of Invention – Direct Linux Antagonists –Market Dynamics have given rise to the Emergence of Indirect Linux Antagonists: Increased Opportunistic Patent “Troll Litigation” that Limits Innovation and Diverts Capital to Defense Privateering – patent sales to third party litigation entities e.g. Conversent (formerly Mosaid) Sisvel, Pendrell, etc. Large Scale Operating Company “Patent Predators” - Formerly Practicing Entities such as Nokia, Nortel/Rockstar Rise of Bounty Programs – e.g. Patent Antagonists supplying bounties to licensing entities capable to securing higher than market royalties on competitor platforms such as Android Conclusion

26. Open Source/Linux is a Social Phenomenon with Far Reaching Ramifications for Innovation - Economic Principle of Increasing Returns Applies 1 + 1 +1 = 6 As a result - – Android Platform (not Linux in the main) and, more broadly, Mobile Linux subject to – direct and indirect – attack on patent grounds in a misguided effort to make total cost of ownership prohibitive for vendor and carrier deployment BUT in the end the market and freedom of choice wins out –Emergence of Tizen (Samsung/Intel), FirefoxOS (Mozilla Foundation), Canonical OS (Canonical/Ubuntu), and WebOS (LG) in 2013/2014creates broader context for collaborative innovation and ‘critical mass’ of open source programs that ensure irreversible move to this new modality Conclusion Open Source is THE MODALITY To Best Tap the Collective Intelligence of a Global Population of Inventors/Developers/Technologists

27. Thank You…