Standards are never "owned." Except that the text is copyrighted to avoid corruption. Compliance with any Standard is strictly voluntary.
Standards are ABSOLUTELY too important for any one or two companies to control. A typical Standards committee (IEEE, ANSI, CCITT, etc) requires a minimum of 40 industry representatives and 75 to 80% positive vote from those members to pass. 100 members is more typical.
If you want Standards totally unencumbered, great! Volunteer. Most of the other people on the committee will agree with your intent.
Like or not, patents foster innovation. They have done so since the time of the Greeks, and the founding fathers built patent protection into the US Constitution.
A society that does not reward work in an investment with any way to protect the work will still be painting on cave walls.
And, by the way, Standards that people don't like, ARE ignored. Happens every day.
Very few standards are EVER legislated as compulsory.
Standards body are absolutely NOT the government. Participation is voluntary, and so is compliance.
Standards are best possible alternative to government. "If you like this, great! If don't like it, you are free to do whatever you want."
Which is, uh, why there are so MANY Standards. Or, as we used to say, "one for everybody."
People LIKE Standards. If I want to buy an "802.11ac" wireless access point, I have no clue what 802.11ac is, but I have a good chance it will work with other 802.11ac devices.
If Standard REQUIRES patented technology to implement, then you are right. You can't copy a patent and then think you can distribute that for free. However, first there are very few Standards that required patented technology -- although that might get you to market faster, or save you some money.
If you think can implement something close to the proposed Standard, in a way that doesn't infringe on a disclosed patent (patents are always disclosed in advance during Standards meetings), then tell the committee. They almost certainly will use your approach over a patented one. Remember it takes about 75% of the members in a Standards committee to approve a draft Standard. And for anything patented, that benefits only one member, and hurts all the rest. They are not stupid.
If are the source of, or user, of GPL property, then the entire FRAND thing is irrelevant for you. If it's open, it's open. Copyrights and patents are granted only the original creators or original works. If the creator wants to make it open, great! The Standards body prefers that, and so do all the users. These two are not in conflict at all. Open source helps patents, because it provides a widely available reference that can trivially be used against anyone who might (purposefully or accidentally) claim any rights to it.
You NEVER pay royalties to a Standards body. You pay them only the owner of the property.
Takes effect on the Ides of March, 2012. For new filings after date. Those new filings will start to come out of the Patent Office mill around 2017. Most professionals in the patent field (including me) don't think the new law will change patent practice much.
Like many others in my field, I prefer to call it by its original name, the "Smith-Leahy Act," since it, disappointingly, doesn't provide meaningful improvement in "inventing."
This reminds me of when the Chinese tried to copy a 747. They made it out of wood, and got the center of gravity wrong. Is it a plane?
In the youtube demo, it missed every question.
OK, I concede they are not programmable. They certainly (in my opinion) should be considered computing machines. However, I left off of my "request list" both programmable analog computers and plug programmable punch card equipment. Today's engineers may laugh, but I was able to do some pretty amazing things with both of those types of hardware. You work with the tools you have.
I don't know if these fit his proposed curve or not. I would just like to see the result of thinking about that question.
It's later than you think, the joint Russian-American space mission has already begun.