Standards and open source: Why are patents treated differently?


Development of standards specifications and development of open source software have much in common: both are mechanisms by which competitors can collaborate; both can facilitate interoperability; both can be used to facilitate the adoption of new technologies; both can be used to crystallize or harmonize mature technologies.
A technology may use both standards and open source: sometimes one precedes the other; in other cases, they may proceed in parallel. Increasingly, they may use similar tooling and process practices (e.g., fine-grained version control; driving certain development discussions with issue trackers).
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