FTC Announces Landmark Settlement in “Patent Hold Up” Action
,----[ Quote ]
| On Wednesday, the Federal Trade Commission (FTC) announced the most important
| resolution of a standards-related enforcement action since Rambus, and
| possibly since its landmark settlement with Dell Computer in 1995. At issue
| was whether a licensing promise made by a patent-owning participant in a
| standards development process is binding upon someone that later owns the
| same patent. In a split 3 – 2 decision, the FTC has ruled that it does, when
| the later owner exploits the “lock in” of the marketplace by dramatically
| increasing the cost to license the patent in question.
`----
http://www.consortiuminfo.org/standardsblog/article.php?story=20080125051610202
FTC, Data Solutions Reach Settlement of Ethernet Autonegotiation Patent
,----[ Quote ]
| Chairman Majoras disagreed with the majority's determination of liability,
| stating that “[t]his case departs materially from the prior line [of FTC
| standard-setting ‘hold-up’ challenges], in that there is no allegation that
| [the patent holder] engaged in improper or exclusionary conduct to induce
| IEEE [Institute of Electrical and Electronics Engineers] to specify its NWay
| technology” into the relevant standard. “The majority has not identified a
| meaningful limiting principle that indicates when an action – taken in the
| standard-setting context or otherwise – will be considered an ‘unfair method
| of competition,’” she said, adding also, “The novel use of our consumer
| protection authority to protect large corporate members of a standard-setting
| organization is insupportable.”
`----
http://www.linuxelectrons.com/news/hardware/15873/ftc-data-solutions-reach-settlement-ethernet-autonegotiation-patent
Related:
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/2008/01/iso-warned-about-possible-patent.html
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/digging-in-the-comments: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/2007/12/13/cyberlaw-ooxml-seminar-14-december/
Corrupt countries were more likely to support the OOXML document format
,----[ Quote ]
| Is this just a random coincidence? The median of the CPI index of the above
| mentioned 70 countries is 3.95. Of the most corrupted half (CPI index less
| than 3.95) 23 or 77% voted for approval (approval or approval with comments)
| and 7 or 23% for disapproval; 5 abstained. Of the least corrupted half (CPI
| index more than 3.95) 13 or 54% voted for approval and 11 or 46% voted for
| disapproval; 11 abstained - see the table below.
`----
http://www.effi.org/blog/kai-2007-09-05.en.html
Microsoft accused of more OOXML standards fiddling
,----[ Quote ]
| However the 11 new countries are refusing to say how they will vote. These
| include Cote d'Ivoire, Cyprus, Ecuador, Jamaica, Lebanon, Malta, Pakistan,
| Trinidad and Tobago, Turkey, Uruguay and Venezuela. Most people seem to think
| that these have been put there by Vole to make sure the standard gets pushed
| through.
`----
http://www.theinquirer.net/default.aspx?article=42106
|
|
