Free and Open Source Software and FRAND‐based patent licenses

@article{Maracke2019FreeAO,
  title={Free and Open Source Software and FRAND‐based patent licenses},
  author={Catharina Maracke},
  journal={The Journal of World Intellectual Property},
  year={2019}
}
  • C. Maracke
  • Published 1 July 2019
  • Computer Science
  • The Journal of World Intellectual Property
In the context of digital transformation, both standards and Free and Open Source Software (FOSS) can be seen as key to success for innovation. However, the increasing role of FOSS in the ICT sector has provoked the question of interplay and compatibility between FOSS and standardization processes. The goal of this article is to provide an overview of the different licensing regimes, FOSS licenses and fair, reasonable, and non-discriminatory (FRAND)-based licenses, and to shed some light on the… 
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References

SHOWING 1-10 OF 14 REFERENCES
The Fallacy of OSS Discrimination by FRAND Licensing: An Empirical Analysis
This article attempts to explain the interplay between open source software licensing and FRAND licensing in both the development of standards and with respect to firms seeking to use both OSS and
Open Invention Network: A Defensive Patent Pool for Open Source Projects and Businesses
TLDR
Open Invention Network is described, an initiative that is designed to meet the particular challenges facing the F/LOSS community and businesses by providing a defensive patent pool.
On implementation of Open Standards in software : To what extent can ISO standards be implemented in open source software?
TLDR
Use of formal standards may create barriers for implementation in open source software and inhibit an open and inclusive business-friendly ecosystem, and to avoid such barriers is of particular importance for small companies that are essential players in an innovative and international society.
The Software Patent Debate
TLDR
The article provides a detailed explanation of the state of the art with regards to the legal protection of software, and describes the latest legal developments in the area, including the failed Directive on Computer Implemented Inventions and some recent cases that may shed more light on some of the technical issues involved in the areas of software.
Producing open source software - how to run a successful free software project
TLDR
Producing Open Source Software, a guide that recommends tried and true steps to help free software developers work together toward a common goal, is put together by O'Reilly Media.
Moving Towards Open Standards
TLDR
An overview of the processes by which standards are developed is provided and the concept of ‘interoperability’, the meaning of the term ‘open standard’ and how open standards contribute to interoperability are considered.
Intellectual Property Rights and Standard-Setting Organizations
The role of institutions in mediating the use of intellectual property rights has long been neglected in debates over the economics of intellectual property. In a path-breaking work, Rob Merges
Intellectual Property Rights Policy
This policy provides guidelines for ownership, dist ribution, and commercial development of technology developed by NUST faculty, staff, studen ts, and others involved with NUST programs.
Unwired Planet v. Huawei: A seminal SEP/FRAND decision from the UK
TLDR
Inter alia, the decision discusses the legal nature of an ETSI FRAND declaration; the question whether “FRAND” is a range or a single set of licensing conditions; the procedural component of FRAND; the existence of a qualified “unFRANDliness”-threshold below which competition law is not triggered.
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