[News] Patents Are Adverse to Notion of Standards - Linux

This is a discussion on [News] Patents Are Adverse to Notion of Standards - Linux ; Standardisation Policy More Effective Than Legislation On IP? ,----[ Quote ] | The balance between the much wanted law-like standards and IPR is difficult, | noted the study, because “the underlying philosophies of standardisation and | IPR-protection are seen as ...

+ Reply to Thread
Results 1 to 2 of 2

Thread: [News] Patents Are Adverse to Notion of Standards

  1. [News] Patents Are Adverse to Notion of Standards

    Standardisation Policy More Effective Than Legislation On IP?

    ,----[ Quote ]
    | The balance between the much wanted law-like standards and IPR is difficult,
    | noted the study, because “the underlying philosophies of standardisation and
    | IPR-protection are seen as opposite. Whereas standardisation intends to put
    | ideas into the public domain, protection of IPR makes them private property.”
    | Furthermore, the legal framework of standardisation is blurred, while
    | recognition of private rights over private creations is clear and patent
    | ambushes (patent claims made late in the development of a standardisation
    | process) are prevailing in court cases. The European Commission so far has
    | tried to alleviate the problem by passing so-called FRAND rules that try to
    | ensure “fair, reasonable and non-discriminatory” licensing when it comes to
    | standards. A new ETSI IPR policy adopted in 2006 addressed the problem of IPR
    | owners not agreeing to licences, yet the problem still is not really
    | resolved, according to the study.
    `----

    http://www.ip-watch.org/weblog/index.php?p=894

    Just ask Samba about it. Another new fart war (Armageddon from which only
    lawyers win) here:

    Murdoch v Branson in UK TV patent battle

    ,----[ Quote ]
    | It appears that Richard Branson and Rupert Murdoch are still unable to get
    | along together. After last year's battle over whether or not to broadcast Sky
    | channels on Virgin Media's UK cable television network, Rupert is now (at
    | least indirectly) bringing out his IP lawyers in an apparent attempt to
    | threaten Virgin in other ways.
    `----

    http://ipkitten.blogspot.com/2008/01...tv-patent.html


    Related:

    Microsoft patents by Brian Jones

    ,----[ Quote ]
    | For fun we just did a quick search of published US patent applications
    | with "Brian Jones" as an author, and "Microsoft" as the assignee.
    |
    | [...]
    |
    | Some of these, like the packing ones, seem to apply directly to OOXML. What
    | isn't clear to us is why Microsoft would pursue patent protection for patents
    | rights that their are promising that they won't assert over users of OOXML. *
    `----

    http://www.noooxml.org/forum/t-35323...by-brian-jones


    Wishful Spinning

    ,----[ Quote ]
    | OOXML gets adopted. More and more projects are started. Let's see which of
    | these would survive without funding. Meanwhile a spin factory sends out
    | success stories that most bloggers find worthless to discuss. It is possible
    | to get the Krauts on board that are supposed to review OOXML but would OOXML
    | survive a review by the crowds? * *
    `----

    http://www.noooxml.org/forum/t-35292/wishful-spinning


    Digging in the Comments: Patents

    ,----[ Quote ]
    | Patent licensing is probably the most important aspect for all third parties
    | that want to implement or use the Open XML specification. Unfortunately the
    | Ballot Resolution Meeting cannot discuss these aspects because only technical
    | and editorial issues would get resolved. *
    |
    | [...]
    |
    | When you have a patent which covers Open XML and you refuse to license it,
    | the standard process gets stalled. Large companies in the standardization
    | process are reluctant to use that nuke option. Given the ambush that the
    | software patent practice means today it is quite possible that Open XML
    | infringes a patent and all parties eventually have an obligation to license
    | it. * *
    `----

    http://www.noooxml.org/forum/t-31491...mments:patents


    Patent threat looms large over OOXML

    ,----[ Quote ]
    | "If OOXML goes through as an ISO standard, the IT industry, government and
    | business will encumbered with a 6000-page specification peppered with
    | potential patent liabilities" said NZOSS President Don Christie. *
    |
    | "Patent threats have already been used to spread doubt amongst organisations
    | keen to take advantage of the benefits of open source. No one knows whether
    | such claims have any merit, but it is calculated to deter the development and
    | use of open and alternative toolsets." *
    `----

    http://nzoss.org.nz/node/179


    Cyberlaw OOXML Seminar 14 December

    ,----[ Quote ]
    | However, this raises the issue - what assurance does a developer have that
    | such a large specification is not the subject of third party patent claims? *
    | * * * ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^
    | The pedigree of the specification is certainly no reason for hope, Microsoft
    | has been the target of third party patent claims for some time now including
    | some high profile losses in patent suits. The fact that the specification has
    | been developed behind closed doors and on a fast track means that there has
    | been no adequate opportunity to evaluate the likelihood of third party patent
    | claims against the specifications. The sheer size of the document suggests
    | there will be at least a couple hiding in there somewhere. * * *
    `----

    http://brendanscott.wordpress.com/20...r-14-december/


    ISO warned about possible patent violations of DIS29500 (aka OOXML)

    ,----[ Quote ]
    | I have just send the following email to ISO members (you can find some of
    | their email addresses on the INCTIS website) to warn them about the possible *
    | patent ambush...
    `----

    http://jeremywang67.blogspot.com/200...le-patent.html

  2. Re: [News] Patents Are Adverse to Notion of Standards

    Roy Schestowitz espoused:
    > Standardisation Policy More Effective Than Legislation On IP?
    >
    > ,----[ Quote ]
    >| The balance between the much wanted law-like standards and IPR is difficult,
    >| noted the study, because ?the underlying philosophies of standardisation and
    >| IPR-protection are seen as opposite. Whereas standardisation intends to put
    >| ideas into the public domain, protection of IPR makes them private property.?
    >| Furthermore, the legal framework of standardisation is blurred, while
    >| recognition of private rights over private creations is clear and patent
    >| ambushes (patent claims made late in the development of a standardisation
    >| process) are prevailing in court cases. The European Commission so far has
    >| tried to alleviate the problem by passing so-called FRAND rules that try to
    >| ensure ?fair, reasonable and non-discriminatory? licensing when it comes to
    >| standards. A new ETSI IPR policy adopted in 2006 addressed the problem of IPR
    >| owners not agreeing to licences, yet the problem still is not really
    >| resolved, according to the study.
    > `----
    >
    > http://www.ip-watch.org/weblog/index.php?p=894
    >


    RAND is anything but. Anyone whose been fortunate? enough, as I have,
    to chair standardisation meetings will know that many agreements are
    hard won through complex, difficult and challenging negotiations between
    multiple parties. The role of the chairman being to be seen as
    completely impartial, and at least in my case, to spend as much time as
    possible with each of the delegations with an axe to grind in order to
    discuss and propose, and perhaps agree solutions over relatively relaxed
    circumstances, like coffee, dinner, lunch and so on, in order to that
    the meeting can progress forward.

    To have all that work undermined by someone dropping a patent in the
    middle of it is reprehensible at best.

    --
    | Mark Kent -- mark at ellandroad dot demon dot co dot uk |
    | Cola faq: http://www.faqs.org/faqs/linux/advocacy/faq-and-primer/ |
    | Cola trolls: http://colatrolls.blogspot.com/ |
    | My (new) blog: http://www.thereisnomagic.org |

+ Reply to Thread