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OSS: Liberation, GPL Violation and FRAND Patent Trap

Submitted by Roy Schestowitz on Monday 29th of April 2019 05:05:12 PM Filed under
OSS
  • Scientists Develop Software That Simulates Sound Of Stars

    Anyone can access and edit GYRE as an open-source program, and it plugs into another program called MESA, which facilitates the simulation of stars.

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  • Celebrating National Superhero Day with Tux, BSD, and more

    On National Superhero Day, how would some of our favorite open source tools and mascots look if they were superheroes? Granted, open source tools are already kind of like superpowers in their own right.

  • Hellwig and VMware go in peace (for now)

    On February 28, 2019,the Hamburg Higher Regional Court dismissed Christoph Hellwig’s appeal of the Hamburg District Court’s dismissal. Mr. Hellwig, backed by Software Freedom Conservancy, announcedthat no further appeal will be lodged.

    Hellwig had claimed that the distribution of the VMware’s software Hypervisor vSphere VMware ESXi 5.5.0 constituted copyright infringement because it, being a derivative work of Linux, was not licensed under the GNU General Public License (GPL), nor was the complete corresponding source code of VMware’s product being offered. See an earlier IPKat post herefor more background of this suit.

  • Private Law, Conflict of Laws, and a Lex Mercatoria of Standards-Development Organizations [Ed: Patent FRAND is a fraud or a patent cartel that enables price-fixing and monopoly sharing]

    Technical standards created by industry standards-development organizations (SDOs) enable interoperability among products manufactured by different vendors. Over the years, SDOs have developed policies to reduce the risk that SDO participants holding patents covering the SDO’s standards will disrupt or hinder the development and deployment of these standards. These policies, including commitments to license standards-essential patents (SEPs) on terms that are fair, reasonable and non-discriminatory (FRAND), gain transnational application given the international character of SDO activities and are most effectively interpreted and applied on the basis of private law (contractual) principles. However, SDO policies are typically embodied in an SDO’s governing documents, which are in turn regulated by the law of the jurisdiction in which the SDO is based. This somewhat arbitrary linkage of SDO policies to national and state law has created inconsistencies in their interpretation and threatens to spark jurisdictional competition in an unproductive race to the bottom. This paper poses the question whether it would be possible to decouple SDO policy interpretation from the patchwork of national and state laws that purport to govern such policies in favor of a common lexicon of interpretive principles derived from the shared understanding of SDO participants: a “lex mercatoria” of standardization.

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