FOSS vs FRAND is a collision of worldviews

Of late there have been a number of interventions sponsored by the world’s largest and most profitable tech patent holders to muddy the waters about open source and FRAND licensing of patents in standards by arguing contentious minutiae like the intent of the authors of the BSD license. This is happening because of the clash of industries I wrote about in 2016, with companies fundamentally based on extracting patent royalties unable to imagine any other way of doing business so mistaking the issue of FRAND as being about license compliance rather than as it being an obstacle to the very purpose of open source in commercial software — collaboration with others.

I found an amazing number of experienced and expert colleagues across industries failing to grasp this fundamental, so I’ve written a paper 🗎 about it. Published today by Open Forum Europe, it explains why compliance legalities are the wrong lens for studying the issue and introduces terms for exploring why representatives from different industry background fail to understand each other despite apparently using the same terminology (spoiler: they mean different things by the same words).

Many thanks to the colleagues who have made valuable suggestions that have improved the clarity of the document, and to the various patrons who have contributed to covering my time. Get in touch if you’d like me to come to your event or company and talk about these things.

FLOSS Weekly 471: ScanCode

Simon was co-host of FLOSS Weekly 471, which featured the ScanCode Toolkit. ScanCode analyses a source package and lists what licenses are found in it. The toolkit can be used as part of a larger solution and together with the new AboutCode Manager provides open source compliance staff with an easy way to know what licenses they are actually dealing with.

Simon mentioned:

Compliance Is Not Just For Copyleft

The cost of compliance may not just be a copyleft issue now we understand how to work with the GPL.

Aerial view of a canyon meandering

Even before Christoph Hellwig (backed by the Software Freedom Conservancy) started his suit to enforce his copyright claims against VMWare, there was a great deal of fear of the GPL in particular and copyleft licensing in general among corporate lawyers, and hence among their executive clients.  Continue reading