Title
Why RAND is Not Appropriate for Internet Open Standards
Author
Cover Pages
Date
6/27/2008
(Original Publish Date: 6/15/2006)
(Original Publish Date: 6/15/2006)
Abstract
Companies desiring to collect revenue from patent royalties frequently make statements of the following kind, designed apparently to put their competitors and the paying public at ease: "We are willing to grant licenses for this technology to all under reasonable and non-discriminatory terms and conditions." By what means are we supposed to be comforted by such a promise? The notion that RAND ("reasonable and non-discriminatory") terms and conditions protect the public needs to be debunked. RAND puts the patent owner in control of a government-backed monopoly. RAND offers no certain protection against license fees that constitute oppressive global taxation, and it may be judged highly discriminatory. Hence one writer's characterization of RAND as an expanded acronym: "half of 'RAND' is deceptive and the other half is prejudiced."
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