No. The OIN promise only applies to Linux-based systems.

What defines a "Linux-based system"? Does Android count? Would VMWare's VSphere ESXi hypervisor count? Would a unikernel running on a pared-down Linux rump-kernel (if such a thing were made) count?

OIN works with the Linux kernel community to define a "Linux System Definition" that has tables of packages and functionality covered. New functionality is added every year. It does not include proprietary software or components.

https://www.openinventionnetwork.com/joining-oin/linux-syste...

According to http://en.swpat.org/wiki/GPLv2_and_patents , GPLv2 includes an implicit patent grant

So my guess would be that the definition of "derivative work" would apply.

That's super duper grey area, which is why GPLv3 went out of it's way to have an explicit patent grant.

So the code in the linux kernel would have to be signed off/committed by MS in that case, right ? For a grant to have any meaning, the code would need to come from them ?

The definition of "Linux system" is a red herring.

If you haven't signed OIN licensing agreement, you do not receive any relevant patent grants, period.

How does that work ? OIN applies to corporations. What if you aren't a member ? Or is the actual code in the linux kernel going to have a patent grant ? But MS may not be the one committing the code. So will they just add a patent grant header irrespective of who commits the code ?

Well that's kind of shitty for the BSDs. :-/

If we took the GPL2 linux driver and imported it using our linuxkpi emulation layer, is that a "linux-derived system" enough? :)