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Comment Re:What is so unfair about "fair?" (Score 1) 219

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.

Comment Re:What is so unfair about "fair?" (Score -1, Troll) 219

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.

Comment Re:What is so unfair about "fair?" (Score 1) 219

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.

Comment Re:What is so unfair about "fair?" (Score 2) 219

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.

Comment Re:What is so unfair about "fair?" (Score 2) 219

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.

Comment What is so unfair about "fair?" (Score 1, Insightful) 219

The F in FRAND stands for "fair." FRAND is an approach used for decades by Standards committees that require any participant and any IP involved with a proposed Standard to offer open and uniform patent licensing to everyone (on the planet). This type of licensing is very much NOT the industry practice, where nearly every patent license is otherwise kept a secret and has to be painfully negotiated. 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? I have worked extensively on two international Standards bodies, and have two of my own (non-patented) inventions now as ANSI standards.
Digital

Submission + - The Universe is Digital, not Quantum (scientificamerican.com)

xkr writes: Professor Craig Hogan, at Fermilab, says the universe is filled with intrinsic jitter. This jitter comes not from quantum physics, but rather space is made of "tiny chunks." "Hogan's noise would imply the universe is digital." So it appears we are in the Matrix after all, and the Matrix is a digital computer. His work is published in the Feb 2012 issue of Scientific American, available on line.

Comment Re:how are the terms able to stay secret? (Score 1) 103

Non-profits have to file or disclose practically nothing. They have a tiny fraction of the disclosure requirements of public companies. They don't have to disclose how much officers are paid, or revenue sources, or how revenue is spent. They have only to provide a few very broad categories, with lots of wiggle-room even in those categories. They operate under a charter by the state, but there is no adult-supervision, as it were.

Comment "America Invents Act" (Score 1) 250

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."

Comment Re:Make the curve longer. (Score 1) 52

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.

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