There are over 1,000,000 supported standards, with more being developed all the time. The Standards Blog examines how standards are developed, and their impact on business, society, the world, and the future. This site is hosted by Gesmer Updegrove LLP, a technology law firm based in Boston, Massachusetts, USA. GU is an internationally recognized leader in creating and representing the consortia that create and promote standards and open source software. The opinions expressed in the Standards Blog are those of Andy Updegrove alone, and not necessarily those of GU. Please see the Terms of Use and Privacy Policy for this site, which appear here.
Wednesday, December 24 2008 @ 07:04 AM PST
Contributed by: Andy Updegrove
Views: 1,650
Yesterday I filed a pro bono amicus curiae ("friend of the court") brief with the United States Supreme Court in support of the Federal Trade Commission's petition for writ of certiorari in its suit against Rambus Technologies. I'm pleased to report that 19 standard setting organizations (SSOs), representing over 13,300 members, joined as amici curiae supporting this brief; the list of participants appears later in this blog entry. As noted in the brief itself, these SSOs:
...represent a broad range of SSOs that participate in the standard setting process, and each is greatly concerned by the adverse effects that it anticipates will result from the [lower court reversal of the FTC's sanctions of Rambus]. Those effects will reach virtually all aspects of modern society, commerce, education and government, because all of these interests rely heavily upon the efficient development and broad adoption of standards by the private sector.
The pervasiveness of standards, and of the potential reach of the decision on petition, is indicated by the range of focus of the amici curiae that have joined in this brief. They include SSOs that develop standards or support standards development in sectors as diverse as defense, consumer electronics, photography, on-line learning, geospatial information, credit “smart" cards and a broad array of computer system products and services.
In agreeing to be parties to the brief, these organizations demonstrated their concern over maintaining the integrity of the standards development process, as well as their belief that SSOs, their members, and non-members alike must be able to rely upon the support of the courts when they believe that SSO intellectual property rights (IPR) policies have been violated. (I outlined the facts and disputes underlying the Rambus case in this blog entry ten days ago.)
Saturday, December 20 2008 @ 10:38 AM PST
Contributed by: Andy Updegrove
Views: 831
If you haven't already heard the news, long-term kernel developer and pillar of the open source community Ted Ts'o has been named the new Chief Technology Officer of the Linux Foundation. Ted is a great choice for a variety of reasons, one of which is that few people have been knocking around the Linux world longer than Ted - he was the first North American kernel developer (in 1991). And to the left, that's Ted receiving the FSF 2006 Award for the Advancement of Free Software from Richard Stallman.
I first met Ted about five years ago, when I began representing the Free Standards Group, and where Ted and I served as Board members. Ted had been part of FSG's efforts from the beginning, and he has continued to play a major role both at FSG as well as at the Linux Foundation ever since. Besides being present at the creation of the Linux Standards Base and nearly present at the dawn of the Linux kernel, he's also simply a great guy, both to work as well as to have a beer with. Those traits, as well as his technical prowess, will all be even bigger assets for the Linux Foundation in Ted's new role than they have in the past.
As CTO, Ted will lead all technical initiatives, oversee projects such as the ongoing development of the Linux Standard Base (LSB) and the activities of the Open Printing working group, serve as the technical go-between with Foundation members, and also act as the primary inteface between the Foundation and the its Technical Advisory Board, which represents the kernel community.
Monday, December 15 2008 @ 12:01 AM PST
Contributed by: Andy Updegrove
Views: 2,761
Long time readers will recall that perhaps the most high-profile (and high emotion) legal dispute involving standards revolves around the conduct of a memory design company called Rambus Incorporated. The emotion arises in part because Rambus develops and licenses technology, but does not actually fabricate semiconductors. This has made its stockholders particularly partisan, as its stock has risen and fallen in synchrony with its fortunes in court, and its detractors particularly irate, because they view Rambus not only as a patent troll, but also as one that has gamed the standards development process during the creation of a universally adopted SDRAM memory standard. Hundreds of millions, and perhaps billions, of dollars of royalties are at stake.
The Federal Trade Commission (FTC) is one of those that thinks that Rambus gamed the system and deceived the marketplace, and I'm another. That's why the FTC is asking the Supreme Court to overturn a lower court decision and reinstate the FTC's conviction of Rambus, and why I'm filing another in a series of "friend of the court" briefs in support of that goal.
Sunday, December 07 2008 @ 05:51 PM PST
Contributed by: Andy Updegrove
Views: 1,864
The following piece is taken from the latest (October-November 2008) issue of my eJournal, Standards Today. The issue is titled, A Standards Agenda for the Obama Administration and includes further articles on that topic. For a free subscription to Standards Today, click here.
The goals of the Obama administration are in tune with — but in some technical respects, ahead of — the technological times. As discussed in the Editorial to this issue, unless certain standards-related dependencies are promptly addressed, the timely achievement of the president-elect's innovation and technology policy will be jeopardized. But, as examined in the Feature Article of this issue, the government does not have the historical competency to address these dependencies. What, then, is the new administration to do?
The following is an integrated suite of recommendations that could be implemented quickly and inexpensively, and without Congressional action. Of the ten proposals, the first is most urgent, as the advisors assembled in this step would provide the experience, guidance and active assistance needed to implement the recommendations that follow.
Wednesday, December 03 2008 @ 12:01 AM PST
Contributed by: Andy Updegrove
Views: 1,084
The following piece is the editorial in the latest issue of my eJournal, Standards Today. The issue is titled, A Standards Agenda for the Obama Administration and includes further articles on that topic. For a free subscription to Standards Today, click here.
Barack Obama promises to be the most technologically attuned U.S. president ever. More than a year ago, he released a policy statement on technology and innovation that detailed his plans to employ state of the art technology to pursue a broad spectrum of goals, such as increasing national competitiveness, providing next-generation broadband access for all, creating a "transparent and connected democracy," decreasing health care costs, acting to prevent global warming, and lowering American dependence on foreign oil. In pursuit of these goals, he also promised to appoint the nation's first Chief Technology Officer.
These are worthy and important goals. Like the other commendable promises the president-elect has made, they will be difficult to realize, for reasons both obvious and subtle. The obvious challenges include a crowded and ambitious agenda, the difficulties of achieving political consensus, and above all, the overarching urgency of addressing a global economic meltdown that demands attention above all else.
But there are subtle hurdles that are equally daunting, if less visible. They include the need to develop a multitude of new information and communications technology (ICT) standards in record time, utilizing a standards creation process that is at best loosely coordinated, frequently contentious, and almost completely independent of government influence or control. Moreover, the current standards development infrastructure was never designed to create the suites of closely integrated standards that will be needed to solve the types of complex problems embedded in the Obama technology and innovation agenda. But while the challenge of creating standards-based solutions may be uninteresting from a policy perspective, an inability to perform in this pursuit may present as serious an impediment to success as any failure to secure requisite funding or garner sufficient Congressional support.
Consider just the following examples from the Obama technology and innovation platform:
Monday, December 01 2008 @ 06:13 PM PST
Contributed by: Andy Updegrove
Views: 994
Certainly the concept of “one citizen, one vote” must be the bedrock upon which all democratic theory and protections are based.Indeed, any government would presumably have to grant the validity of this tenet, lest its own validity be questioned.After all, at the end of the day, when all else is stripped away, the debatable and the subjective, the polemical and the political, is this not the one undeniable standard upon which everyone must agree, the fundamental principleof natural law that philosophers of any persuasion must certainly unite in supporting?
And yet…
Down through the millennia and even into the present, this simple, seemingly irrefutable standard of equality and representative government has proven to be almost impossible to establish in any democracy as a practical fact.
Although much of the brouhaha of the OOXML adoption process has abated, the post-partum process of reviewing how Joint Technical Committee One (JTC1), the ISO/IEC body that gave birth to both ISO/IEC 26300 (ODF) and OXMLISO/IEC IS 29500 (OOXML), continues. More specifically, meetings continue to be held in which a variety of related matters are being considered, including the ongoing maintenance of each standard, and whether and how the Directives that control the deliberations of JTC1 committees might profitably be amended to address the concerns that arose during the consideration of these two overlapping document format standards.
Most recently, representatives of JTC1 and the SWG Directives committee met in Nara (JTC1) and Osaka (SWG), Japan to review these weighty matters. As has been the case in the past, a variety of those directly involved in the ODF/OOXML saga wrote about the results of this latest meeting, including three bloggers who attended the Ballot Resolution Meeting that served as the climax of the OOXML adoptive process: Alex Brown, Rick Jelliffe and Tim Bray. You can find their alternately contrapuntal and contrary observations here, here and here, respectively. I did not attend the gathering in Nara, but I have read the recommendations made at that meeting (as well as Alex's, Rick's and Tim's commentaries on them), and ruminated a bit on the recommendations and the events that inspired them. Here is my own sense of what others have also observed.
Monday, November 03 2008 @ 12:01 AM PST
Contributed by: Andy Updegrove
Views: 2,337
This is the latest in a series of occasional essays that I call The Monday Witness. This series focuses on social rather than technical issues, for the reasons explained in the first entry in the series. As always, the opinions expressed here are mine alone.
If you hail from one of the hot beds of high tech - Silicon Valley, say, or (in my case) the Route 128/495 area of Massachusetts, you've doubtless heard the phrase "serial entrepreneur." What those words describe is someone who has started several companies, and the phrase, when used, is invariably regarded as a compliment. These days, if such a serial entrepreneur has some major successes under her belt, that makes her one of the elite of the high tech nobility - someone with the golden touch, that can turn ideas into huge returns for founders and investors alike.
But should this really be a compliment?
That may sound like a silly question, until you remember that in order to start a new company, you need to get rid of the old one - or at least leave it in someone else's care. That isn't how the great companies of the past came to be what they are today, and it makes me wonder where we can look to find the great companies of tomorrow.
Wednesday, October 22 2008 @ 06:26 AM PDT
Contributed by: Andy Updegrove
Views: 1,969
How do you measure the value of free and open source software (FOSS)? That's a puzzler, because it's, well, free. Moreover, a popular distribution like Linux can incorporate the contributions of thousands of individuals working remotely from around the world. That means that there are almost no associated overhead costs over and above the time of the developers themselves.
Even the question itself is a bit of a misnomer, because one measure of the value of FOSS is not the cost to build it, but rather the avoided cost of not having to do so. Because you don't have to pay anything to download FOSS, and since the same project that developed the software will continue to maintain it for you, using free software can allow you to launch products and services that, for economic reasons, you would never otherwise attempt. In an effect that's near and dear to my heart, that means that competition can reenter market niches that had become locked up and stagnant because entry costs to new participants were simply too high.
Trying to get a handle on the value of FOSS is still a worthwhile effort, though, because it allows people to appreciate the beneficial effects of FOSS in general, as well as to have greater respect for something that arrives without a price tag. By appreciating the amount of effort that goes into FOSS, not only historically but on a weekly basis, it's easier to appreciate the robustness and responsiveness of the product as well. It also helps anticompetition regulators and legislators appreciate the significant pro-competitive effects that FOSS can have.
Today, the Linux Foundation is releasing a report titled Estimating the Total Development Cost of a Linux Distribution that shows just how valuable FOSS really can be, using the Fedora distribution of Linux and the Linux kernel itself as examples. (Disclosure: I am legal counsel to LF.) The effort is particularly interesting as the authors (LF's Amanda McPherson, Brian Proffitt and Ron Hale-Evans) use the same methodology employed by respected industry expert David A. Wheeler in 2002 to value a related Linux Distribution (Red Hat 7.1). The run up in value wrought by six additional years of global collaboration is an eye popper.
Sunday, October 12 2008 @ 06:49 AM PDT
Contributed by: Andy Updegrove
Views: 1,605
This is the latest in a series of occasional essays that I call The Monday Witness. This series focuses on social rather than technical issues, for the reasons explained in the first entry in the series. As always, the opinions expressed here are mine alone.
Election campaigns bring to mind - usually ruefully - standards of many types. Among them are the levels of civility, truthfulness, and fair play that we wish candidates would exhibit when they compete for our votes. But as the day of final electoral reckoning approaches, the gulf between the standards we favor and the conduct we observe on the hustings tends to widen rather than narrow. To my mind, nothing demonstrates a lack of character in a candidate as the degree to which he or she is willing to slander an opponent.
Holding candidates accountable to reasonable standards of conduct and character in this respect has become more problematic of late, in part because candidates and their parties keep developing new ways to distance themselves from sordid practices, while still reveling in their results. Some of these tactics have become sufficiently notorious to contribute new names to the lexicon of electoral dirty tricks. The 2004 campaign, for example, gave us a new verb: to "Swiftboat," meaning to spread disinformation through an organization that has pretensions to credibility, and also denies any connection to the campaign of the candidate the disinformation assists. The name, of course, derives from the ostensibly ad hoc association of war veterans that sought to impugn the war record of Democratic candidate John Kerry, a decorated Viet Nam war hero. Most recently, we have a new adjective - "Rovian" - derived from the name of former Bush political mastermind Karl Rove. This word is used to condemn (although sometimes with grudging admiration) conduct that is both artful and wrong - such as collaborating with Swiftboaters (yes, there is a noun form as well).
• 11 East Coast states create joint fuels standard Efrain Viscarolasaga MHT.com January 7, 2009 - The Massachusetts Executive Office of Energy and Environmental Affairs has announced that the Bay State will join 10 other states in New England and along the Atlantic Coast in creating a Low Carbon Fuel Standard aimed at reducing greenhouse emissions from fuels for vehicles and other uses....According to the letter, a Low Carbon Fuel Standard (LCFS) will be a “market-based, technologically neutral policy to address the carbon content of fuels by requiring reductions in the average lifecycle greenhouse gas emissions per unit of useful energy.”...
Such a standard is immediately applicable to transportation but could also be applied to fuel used for heating buildings, for industrial processes and for electricity generation, according to statements from the EEA. ...Full Story
• Preservation Pamela Jones Groklaw January 6, 2009 - I'm back from vacation, and I feel refreshed. Just before I left, I asked the members to think about what we should do with Groklaw now that Novell won, and SCO has filed an appeal....One choice is just to keep going as we were, covering other topics as we were and other cases; another was to stop and fix up any flaws in our historical collection of every important event in the SCO saga.....I would truly love to do both, because I love doing Groklaw, but I don't scale, so I had to choose. And I choose to make sure our work as fully reliable, comprehensive and, to the degree humanly possible, permanent....Would you like to know how you can help? ...Full Story
• Open Document Format Has Been Accepted By 16 Governments Charles Babcock InformationWeek January 6, 2009 - The Open Document Format continues to gain ground with governments as the format in which they wish to create important documents, despite Microsoft's Office format, OOXML, being recognized as an international standard as well....
The ODF Alliance, with Sun Microsystems and IBM as principal backers, announced at the end of December that Germany and Uruguay had joined 14 other national and eight regional governments in requiring ODF, not OOXML, as the format for government documents. The ODF format was standardized by Oasis, an international standards body.... ...Full Story
• OGC Launches Empire Challenge Pilot Effort Patrick Marshall Government Computer News January 6, 2009 - The Open Geospatial Consortium is seeking researchers from government
agencies, private industry, and academia to participate in a pilot
program to examine the suitability and performance of OGC Sensor Web
Enablement and OGC Web Services standards for providing open management
of and access to sensors of various types. The Empire Challenge is an
annual demonstration sponsored by the U.S. Joint Forces Command and the
National Geospatial-Intelligence Agency. It seeks to improve the
interoperability of joint and coalition intelligence, surveillance, and
reconnaissance activities. In OGC's Sensor Web Enablement (SWE)
initiative, members are "building a unique and revolutionary framework
of open standards for exploiting Web-connected sensors and sensor systems
of all types: flood gauges, air pollution monitors, stress gauges on
bridges, mobile heart monitors, Webcams, satellite-borne earth imaging
devices and countless other sensors and sensor systems. SWE presents
many opportunities for adding a real-time sensor dimension to the Internet
and the Web. This has extraordinary significance for science,
environmental monitoring, transportation management, public safety,
facility security, disaster management, utilities' Supervisory Control
And Data Acquisition (SCADA) operations, industrial controls, facilities
management and many other domains of activity." ...Full Story
• Major Win for ODF in Brazil Glyn Moody Open Blog January 5, 2009 - Great news for ODF in Brazil: it's becoming the official format for storing government agency dox:...
[Via Google Translate: "Already in April 2008, the ODF (Open Document Format) had been adopted as national standard in Brazil, but now we know for a release of SERPRO which was published version 4.0 of the Standards for Interoperability of Electronic Government (E-PING ) That mandate the use of ODF in the public service federation...." As ever, Brazil's decision is doubly significant: important in itself, given the size of the country, and important as an example to others. ...Full Story
• Standards and Opportunities: When Smart Buildings Meet the Smart Grid Toby Considine AutomatedBuildings.com January 5, 2009 - In December 2008, the group working to advance the OpenADR specification
to a U.S. national and perhaps international standard, began to hold
discussions in an discussion in an open forum at OASIS. OpenADR
(Automated Demand Response) is a California developed specification
developed for the regulated electricity providers in that state.
Demand-Response (DR) refers to live negotiations between the grid and
its end nodes (buildings) to reduce demand before a shortfall causes
problems. DR is a very important first step on the road to transacted
energy, and solves some big problems in the short term. ...Full Story
• Charge Electric Cars Through Home Devices Thanks to Panasonic Michelle Robart TCMNet.com January 5, 2009 - Panasonic intends to debut a networking system that is able to actually connect electric cars to home devices through electrical wiring....With the electric car networking prototype, people will be able to use their home devices to check on an electric vehicle while it is recharging....
A technology developed by Panasonic, HD-PLC utilizes the electricity cabling already available inside a home or building to send and receive data. It is competing in the market with the HomePlug Powerline Alliance and Universal Powerline Association to become the main standard for data connections over such cabling. One of the major benefits of all three systems is that they do not require dedicated Ethernet cabling. However, all three are largely incompatible. ...Full Story
• China Plans to License 3 Wireless Standards David Barboza New York Times January 1, 2009 - SHANGHAI — After years of delays, the Chinese government said late Wednesday that it would issue licenses for next-generation 3G wireless services, which could fuel growth in what is already the world’s biggest market for wireless services.
China’s state council, or cabinet, made the announcement on its Web site saying the government would back three standards, including one chiefly developed in China....China said it would issue licenses for each of the three major standards, the homegrown TD-SCDMA standard, as well as two international 3G standards that are favored in the United States and Europe....
By developing its own standard, Chinese telecommunications companies will be able to reduce high royalty and patent payments for the use of foreign technologies. ...Full Story