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European Parliament To Exclude Free Software With FRAND 219

First time submitter jan.van.gent writes "The European Parliament is on the verge of adopting a directive reforming standards, reform which would introduce FRAND patent licensing terms, an undefined term which has been seen as a direct attack on the fundamental principles of Free and Open Source software. The Business Software Alliance has been very active trying to get FRAND terms into the directive."
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European Parliament To Exclude Free Software With FRAND

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  • by mikera ( 98932 ) on Monday February 20, 2012 @08:43PM (#39105989) Homepage Journal

    Any form of licensing for standards is incompatible with open source software. When you distribute open source you need to distribute it will all the rights otherwise the burden on the recipient (often an individual rather than a company) to acquire such licenses is excessive and unreasonable. How many people would use Open Office for example if they had to separately go and buy a set of complex FRAND licenses with every download?

    Making distributors of open source responsible for acquiring the licenses won't work either, because they can't control downstream copies (the very nature of open source) and you place a major hurdle in the way of individuals or small companies becoming distributors themselves (which is the spirit of open source).

    Basically, FRAND is a nightmare for open source. Of course traditional software companies love it because it means that they get to benefit from reduced competition, but you can kiss goodbye to most of your innovation and the end result will be customers paying more for worse software.

    In my view the only acceptable open standard is one that is unencumbered by *any* licensing requirements. Standards organisations either need to get with the 21st century on this one or be (rightfully) ignored.

  • by c0lo ( 1497653 ) on Monday February 20, 2012 @08:44PM (#39105991)

    There is nothing in FRAND, that I can see, that prohibits open source software or other open IP. In fact, Standards committees -- given a choice -- would far rather build in open IP to closed IP (even FRAND) into a Standard. Can someone knowledgable explain how FRAND in any way harms open source?

    Prohibits, no. However it does discriminate [gnu.org] against those who cannot pay the license fees but would otherwise still be able to implement the standard - most of the open-source contributors are like this - e.g. VideoLAN [wikidot.com] (scroll down to "Patent threats").

  • RAND is an illusion (Score:5, Informative)

    by Hentes ( 2461350 ) on Monday February 20, 2012 @08:55PM (#39106049)

    Here is the text of the document, the interesting parts are in annex2. [europa.eu]

    In my opinion, RAND only gives the illusion that it can match the safety of open standards. It isn't defined properly, and in the end the IPs of a standard are still in the hands of a company or a cartel (sorry, standards body), giving them effective monopoly over a market segment.

  • by Tacvek ( 948259 ) on Monday February 20, 2012 @09:06PM (#39106125) Journal

    The problem is not the F, it is the ND. Non-discriminatory pricing that is non-zero discriminates against work developed in any any non-commercial setting. Even if we were talking about absurdly low prices (fractions of a cent per unit), work developed academically or by individuals utilizing the patent cannot be distributed widely since an academic or individual would not have the resources to track distribution, and if work is popular would not have the money to pay the royalties in the first place. Basically FRAND forces commercialization.

  • Re:One solution... (Score:5, Informative)

    by Nerdfest ( 867930 ) on Monday February 20, 2012 @09:42PM (#39106283)

    ... and even worse, as I like to point out; you are in violation of a software patent even if your implementation of the same idea is vastly superior in every way.

  • by Microlith ( 54737 ) on Monday February 20, 2012 @10:19PM (#39106497)

    BSD licensed software should be just fine.

    Sure, you can push off patent issues on your users. You can close the source and control your users too.

    The GPL is not a free license, it is a very restrictive license.

    The lie appears again!

    The GPL is a free license. It ensures the freedom of the software, and the freedom of its recipients to access the software to suit their purposes. It prevents the middleman from taking away the access to the source, which has always been the goal of the GPL.

    It places no restrictions at all on the user, only on those who redistribute the software which the law prohibits anyway. It restricts the ability to close the source and screw over people who receive modified copies, but hey, that's the "price" we pay.

    GPL is a copyright license, not a patent license. Copyright law and patent law are two entirely different things, so I'm not sure there is any conflict here at all.

    Permission to redistribute GPL programs depends on fulfilling certain conditions regarding patents. There are conflicts.

  • by betterunixthanunix ( 980855 ) on Monday February 20, 2012 @10:53PM (#39106687)
    Except that not everyone who sells free software is doing so as part of a commercial venture; free software may be sold at a break even price by a nonprofit or by volunteers (e.g. as part of a kit for running an installfest). It may also be the case that a mirror of various distributions charges its users for access, where some of the software might be royalty free and some might not be (and now that mirror could be forced to monitor all the software that its users download for compliance purposes). There are generally good reasons that royalties are forbidden by the GPL: royalties encourage a particular distribution infrastructure in which everyone gets their software from a small number of distributors, while the GPL is meant to encourage sharing.

    More importantly, why should implementing a standard make it impossible for a developer to choose a commonly used software license?
  • by epyT-R ( 613989 ) on Tuesday February 21, 2012 @12:08AM (#39107055)

    the lameness of those standards are caused by the obviousness of most patents in the first place. if gsm (and the rest) wasn't patented, there'd BE one world standard already. instead we have four or five completely incompatible standards, and service is still a ripoff.

    the FOSS authors prohibit for the same reasons the patent holders claim: to prevent abuse. the FOSS guys are often shafted by binary only blobs for hardware drivers that make debugging things difficult or impossible, and the closed guys don't want their old products competing with their lightly patched new ones so they don't mind this. they love artificial scarcity.

    If you want to complain about the ideological 'purity' of the FOSS guys, then you must also complain about the 'purity' of the patent trolls, because it's a equal-opposite reaction. They are the ones who claim they want to lock down every piece of electronics that uses software for the sake of 'respecting creator rights', even if that software becomes abusive to the people who bought the products in the first place.

  • by delt0r ( 999393 ) on Tuesday February 21, 2012 @05:30AM (#39108273)
    Licensing H.264 adds more than cost. It adds the restrictions of the license you must sign, and its a pretty long list. H.264 you need a license to encode, decode, and even for the transportation layer. Fanboys go on about how its free now, when its *only* free for non commercial *streaming* services. They can also change their mind on that too. Its in the license agreement you signed.

    You know what else is in the agreement? A statement that MPEG-LA may not have all the relevant patents and any third parties that want fees is between them and you. MPEG-LA offer not indemnity or assurances.
  • by TheRaven64 ( 641858 ) on Tuesday February 21, 2012 @07:31AM (#39109099) Journal
    GSM in much of Europe? Spectrum licenses were granted on the condition that they were used with a specific protocol or set of protocols. GSM is patented, so you can only produce mobile phones for use in Europe if you pay the relevant fees.

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