decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
you people keep proposing this scenario,... | 86 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
OSS doesn't care
Authored by: xtifr on Friday, May 10 2013 @ 04:41 PM EDT

OSS is inherently incompatible with the whole concept of RAND patents. Because "reasonable and non-discriminatory" is inherently not-free. It doesn't matter if the patent license is dollars per unit, or fractions of a penny per unit. It's still inherently non-free. The only patent licenses that are compatible with OSS are the ones like IBM released a few years ago--completely free for OSS use.

Now I'll admit that some people in the OSS community think that patents should be abolished completely, but a lot of the rest of us think that patents for actual inventions (not discoveries, or laws of nature/mathematics/algorithms) are fine. But you know what? Neither group thinks RAND is good for OSS. Because it's not. It's useless for OSS. And thus irrelevant.

Thus I, at least, am completely OK with injunctions on RAND patents, because they by definition cannot affect OSS. (If they do, you weren't really dealing with OSS in the first place, even if you thought you were.)

---
Do not meddle in the affairs of Wizards, for it makes them soggy and hard to light.

[ Reply to This | Parent | # ]

you people keep proposing this scenario,...
Authored by: sumzero on Friday, May 10 2013 @ 04:56 PM EDT
but from what i've seen that isn't happening in practice.

what i do see actually happening, however, is that potential
licensees are refusing to participate in the rand/frand
negotiation process and are instead initiating expensive
lawsuits. all while continuing to infringe the
patents in question.

personally, i'd rather address what IS happening than what
MIGHT happen, someday, maybe...

sum.zero

---
48. The best book on programming for the layman is "alice in wonderland"; but
that's because it's the best book on anything for the layman.

alan j perlis

[ Reply to This | Parent | # ]

Injunctions are not needed in a FRAND dispute. OSS should be against injunctions.
Authored by: Anonymous on Friday, May 10 2013 @ 05:38 PM EDT
Because FRAND requires the licensor to offer fair, reasonable, and
non-discriminatory terms, the only way for the lincensor to receive an
injunction would be for the licensee to refuse the fair, reasonable, and
non-discriminatory terms offered to them.

Private organizations already control essential standards. Do you think IEEE is
a public organization? Quite the contrary, if it is found that FRAND patents
cannot get injunctive relief against an abusive licensee, watch as no more
patents are donated to standards on FRAND terms. *That* is not in the public
interest.

[ Reply to This | Parent | # ]

  • Unless - Authored by: Anonymous on Friday, May 10 2013 @ 07:38 PM EDT
Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )