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. €¶
# Guy Says: January 26th, 2008 at 5:19 am
Quote: “ask most IT directors and they’ll tell you the msft/novl relationship is good for their business”
But at what cost. The deal seems to imply that there is truth in the ms allegations about copyright infringment. Novell gains are at the community’s expense.
# W. Anderson Says: January 26th, 2008 at 8:33 pm
I surely hope Mr. Dragoon of Novell would not try to insult the intelligence of citizenry by implying -through omission - that Novell’s business upturn fortunes without the Microsoft deal moneys have had no effect on companies who deal with Novell solely because they value the Microsoft insurance - some call extortion tax - via Novell.
Unfortunately nothing appears to be changed from the very naive and deceptive approach Novell has taken in regard the whole Microsoft patent tax issue.
I can attest to the fact that a consulting associate client’s hotel property in the Caribbean was willing to switch from RedHat to Novell Suse only because of their concern about reprisals from Microsoft. Such decision had nothing to do with any superiority of products or services form Novell, which they found to be lacking.
Therefore I still consider Novell a leech and parasite not only on GNU/Linux technology but the worldwide community and the Free/Open Source Software spirit as well.
Comments
Yuhong Bao
2008-01-28 02:36:41