FRAND And The Clash Of Industries

The largest forces in technology today – consumer-facing companies like Google and Facebook, business-facing companies like Salesforce, now even first-gen tech corporations like Microsoft and IBM – all increasingly depend on open source software. That means collaborative inter-company development of the software components and infrastructure technology these enterprises use for their business success. It’s enabled by the safe space created when they use their IP in a new way – to ensure an environment for collaboration where the four essential freedoms of software are guaranteed. Continue reading

FRAND Is Not A Compliance Issue

The European Commission has been persuaded by lobbyists to change its position on standards to permit the use of FRAND license terms for patents applicable to technologies within those standards. This is a massive mistake that will harm innovation by chilling open source community engagement.

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FRAND Is Always Discriminatory

I participated in a study asking about the fairness, reasonableness and non-discriminatory nature of FRAND licensing in the context of licensing of patents in standards. I was surprised to find people there asserting there was no conflict between FRAND licensing and open source software. Here’s a simple explanation why that’s wrong.

Since patent licensing is by definition bilateral, and since open source communities that aren’t run by a single vendor are by definition multi-lateral, any standard which includes patents that require licensing discriminates against true multi-participant open source implementation. By definition, patent licensing as a precondition of implementation of a standard cannot ever be non-discriminatory. Even zero-fee licensing is discriminatory as it still requires implementers to seek permission, the antithesis of open source.

Stand Up For ODF In The UK

Showing that no issue is actually sorted until the end of the process is reached, Microsoft is trying to get its partner network to speak up for OOXML as a document format for government interaction. In a posting to ComputerWorldUK, Simon explains that this would defeat the objective explained by Cabinet Office Minister Francis Maude, who said

“The software we use in government is still supplied by just a few large companies. A tiny oligopoly dominates the marketplace. I want to see a greater range of software used, so civil servants have access to the information they need and can get their work done without having to buy a particular brand of software.”

So ODF Advocates once again need to speak up for openness and diversity – there are links in the article.

Understanding Google’s Sale Of Motorola

In InfoWorld today, Simon challenges the assertion some are making that Google’s sale of Motorola after such a short time is a sign of failure. Noting all the gains Google has made, both financial and strategic, he suggests actually the deal is both profitable and clever. Certainly it’s a deal for its time, focussing mainly on triaging the negative consequences of a patent system designed for an industrial age being misapplied to the meshed society.  Read all about it.