As you know, open standards work and open source code development have some similarities. Both systems are designed to permit strangers to collaborate in joint design. Both have rules for discovering and filtering private patent or copyright claims, with the goal that end-users can access and use the outputs safely. While they’re two distinct systems, usually they are complementary, not in opposition.
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A little over a year ago, in January 2008, the Federal Trade Commission (“FTC”) announced a settlement with Negotiated Data Solutions (“N-Data”) regarding the firm’s patent licensing practices in relation to the Ethernet standard for computer networking. That announcement has prompted a number of responses, both positive and negative, not so much because of the specifics of the case but rather because of the broader questions it raised.
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