It’s well recognized by courts and regulators in many countries that standard setting among competitors can be procompetitive and good for consumers. As noted by the 5th Circuit Court in 1988, “it has long been recognized that the establishment and …
As the world goes into social lock-down to prevent further spread of the COVID-19 virus, many conferences, face-to-face meetings, and other in-person gatherings are being cancelled or postponed. While the mass cancellations are disappointing and disruptive for everyone involved, they …
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.
When you incorporate open source (OS) code into larger programs, it is risky to assume that the official license for the project is the only license you need to comply with. This is true even if the only OS code …
If you participate in standards development organizations, open source foundations, trade associations, or the like (Organizations), you already know that you’re required to comply with antitrust laws. The risks of noncompliance are not theoretical – violations can result in severe …
Not all free and open source (OS) software licenses have been created to achieve the same goals, and failure to understand the differences can have dire consequences. Some OS licenses are business-friendly in that they allow the code to be …
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 …