The long face-off between the Trump administration and Huawei involving standards development has finally been resolved. Well, yes and no, on which more below.
Initially the issue was whether standards setting organizations (“SSOs”) would be able to permit the Chinese …
The first assertion of liberty in the U.S. Declaration of Independence reads as follows:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among …
Regular readers will know that the addition of Huawei and scores of its subsidiaries to the U.S. Bureau of Industry and Security Entity List last May has had a serious impact on standards setting organizations (SSOs). Specifically, the related …
A few weeks ago it seemed likely that the US Department of Commerce, Bureau of Industry and Security (“BIS”), would issue new guidance that might free standards setting organizations (SSOs) from the difficult position they have found themselves in for …
There’s been a lot of activity in diverse parts of the standards and open source software development world of late. Here’s a selection of items you may have missed that I think might be of greatest interest.
In its simplest form, FOSS development requires almost no traditional economic, physical or management support. All that is needed is a place to host code in a manner that allows multiple developers to collaborate on its further development. As FOSS has become more commercially valuable and widely incorporated into vendor and customer strategic plans, however, additional layers of services and structures have evolved to allow FOSS development to become more efficient and robust and the user experience even more productive. These include training, a growing certification testing network, a variety of tools to assist in legal compliance matters, and a network of hosting entities providing a wide range of supporting services and frameworks.
It would not be an exaggeration to say that the magic of open source software (OSS) is based as much on legal innovation as it is on collaboration. Indeed, the essential innovation that launched free and open source software was …
Everybody uses open source software (OSS) today. Millions of people contribute to the code itself. Indeed, a substantial percentage of the users and creators of OSS today are young enough to have never known a world that didn't rely on OSS. In other words, it's very easy to take this remarkable product of open collaboration for granted.
For over thirty years U.S. companies have enjoyed a home court advantage in developing information and communications technology (ICT) standards. Specifically, the overwhelming majority of the more than five hundred consortia founded over the last thirty-five years to develop ICT …
Ninety-odd days ago, the US Bureau of Industry and Security (BIS) added Huawei and 68 of its affiliates to its “Entity List.” BIS added another 46 Huawei affiliates last week (collectively, “Huawei”), thereby making it illegal for US individuals and entities to disclose certain technology and software to Huawei and such blacklisted affiliates without a license. At the same time, it tempered the blow by issuing a Temporary General License that, among other things, allowed US entities to continue to participate with Huawei to develop 5G standards. For all other standards, Huawei’s continued participating would be legal only to the extent a given standard setting organization (SSO) either applied for, and received, a license from the BIS, or could credibly analogize its processes to an exception recognized under existing Export Administration Regulations (EAR). The closest exceptions are disclosures at public conferences and in connection with coauthoring journal articles. Ever since, standards setting organizations (SSOs) counting Huawei as a member have been scrambling, trying to figure what they can and cannot allow Huawei to do. On Monday of this week, three things happened that provided some answers. But almost all the answers were bad.