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Putting Patents into Standards | 235 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Putting Patents into Standards
Authored by: Gringo_ on Tuesday, February 26 2013 @ 11:22 PM EST

Nobody should ever own, or be able to take a toll on _any_ "standard" because that becomes a fee penalty structure to engage in normalcy. A patent in a standard is more or less a "poll tax" levied by a private party. It's all sorts of wrong.

What's a "standard"? In the case of FRAND, I don't think it means what you think it does. These are really "defacto standards", and not standards like how many inches in a foot or how many litres in a pint, or whatnot. Nor are they standards like the line frequency in the country you live in (usually 50 Hz or 60 Hz).

In all the decades I have watched computer technology evolve, I have seen many new technologies develop. Where at first there was chaos with competing ways of achieving a desired end, finally industry standardizes on something and suddenly that technology moves forward and consumers benefit from the end of the initial chaos.

Really, it is marvelous to see competing companies rise above the fray to cooperate to their mutual benefit (and often, ours as well). This demonstrates evolution of organizational behaviour. As the world becomes ever more complex, the only way we move forward is via evolutionary leaps in organizational behaviour that may have been unthinkable at some early stage of development. The way FRAND agreements evolved, as stated in the article demonstrates just such an evolutionary leap that permitted us to advance though cell phone generations at a rapid pace.

Now we have companies like Apple and Microsoft coming along and trying to throw a monkey wrench in that machine. If they are permitted to do that, it will all devolve into chaos.

[ Reply to This | Parent | # ]

Putting Patents into Standards
Authored by: Ian Al on Wednesday, February 27 2013 @ 01:58 AM EST
I agree that standards involving patented inventions should come with an
agreement from the patent holder for royalty free terms for using the patent.

The problem is the patent pools of inventions such as MPEG LA which are not used
by the standards authority to enable the standard.

Those patents are over and above the inventions essential to employ the standard
and are only essential to extort royalty income from standards use.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | Parent | # ]

Putting Patents into Standards
Authored by: Wol on Wednesday, February 27 2013 @ 12:24 PM EST
So if I spend millions developing a new technology, you want to be able to copy
it for free? Making all my work worthless? In your dreams, mate!

Come on, use your brain ...

If patents on standards have to be licenced for free, the end result will be we
have no standards. Under your scheme, we'd have lots of manufacturers all owning
100% of their own pie. And we the consumers would have to choose which pie to
buy into, knowing that we are then isolated from everybody who goes for a
different pie. How many mobile phone companies are there in the US? How would
you like to have to have one phone for each network, because there was no
standard and your AT&T phone couldn't ring your friend's Verizon phone.

The whole point of standards (and FRAND) is to make vendors share patents and
accept a small share each of a big pie. Which is how linux works - the pie is
made bigger by copyleft and individual companies can share the big pie rather
than having a tiny pie all to themselves.

The whole point of FRAND, and the practical implication of it, is that licensors
MUST ACCEPT a REASONABLE offer.

The whole point of this lawsuit is that Microsoft hasn't even made a reasonable
offer for Motorola to accept!

Cheers,
Wol

[ Reply to This | Parent | # ]

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