Patent and Antitrust Problems Revisited in the Context of Wireless Networking

Patent and Antitrust Problems Revisited in the Context of Wireless Networking

Gary Lea (University of New South Wales, Australia)
DOI: 10.4018/978-1-59140-938-0.ch009
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Abstract

The author seeks to illustrate some of the ongoing problems that patents present for those seeking to standardize in the ICT field. The chapter illustrates these problems by drawing on patent and international trade disputes surrounding the rollout of IEEE 802.11 family (colloquially, “WiFi”) technologies during 2003 and 2004. It then presents several solutions including the introduction of a more systematic approach to dispute resolution by standards development organizations (SDOs) based around ADR procedures derived from the domain name Uniform Dispute Resolution Policy (UDRP), corresponding changes to dispute handling in international trade disputes and, in the long term, alternation to intellectual property laws to allow for appropriately-tailored standardization exceptions (at least at the level of interoperability).

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Table of Contents
Preface
Kai Jakobs
Chapter 1
Henk J.D. Vries
A scientific community needs well-defined and agreed-upon concepts with related terms as a basis for a sound academic discourse. The field of IT... Sample PDF
IT Standards Typology
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Chapter 2
Ken Krechmer
An open society, if it utilizes communications systems, requires open standards. The personal-computer revolution and the Internet have resulted in... Sample PDF
Open Standards Requirements
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Chapter 3
Alfred G. Warner
This chapter extends the examination of block alliances in standard setting from market-driven to formal or committee-based processes in the... Sample PDF
Block Alliances and the Formation of Standards in the ITC Industry
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Chapter 4
Tineke M. Egyedi, Ruben V.W.D. Joode
Open-source software (OSS) offers programmers the opportunity to elaborate and adapt source code. It is an opportunity to diverge. We would... Sample PDF
Standardization and Other Coordination Mechanisms in Open Source Software
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Chapter 5
Tineke M. Egyedi
This chapter analyzes the rhetoric that surrounds the problem of consortia, that is, the supposed lack of democratic procedures. The social shaping... Sample PDF
Beyond Consortia, Beyond Standardization? Redefining the Consortium Problem
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Chapter 6
Marc V. Wegberg
The consortia movement in the standardization world has led to a fragmentation of standardization processes. This fragmentation is partly of a... Sample PDF
Standardization and Competing Consortia: The Trade-Off between Speed and Compatibility
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Chapter 7
M. H. Sherif
This chapter presents an analysis of the political, marketing, and technical aspects associated with the perception that standardization is slow. A... Sample PDF
When is Standardization Slow?
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Chapter 8
Jürgen Wehnert
There is one thing most people seem to know about standardisation: It is slow. While innovation rates and product cycles grow shorter the principal... Sample PDF
Ready – Set – Slow: A View from Inside a CEN Working Group
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Chapter 9
Gary Lea
The author seeks to illustrate some of the ongoing problems that patents present for those seeking to standardize in the ICT field. The chapter... Sample PDF
Patent and Antitrust Problems Revisited in the Context of Wireless Networking
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Chapter 10
Knut Blind, Nikolaus Thumm
This chapter presents the first attempt at analyzing the relationship between strategies to protect intellectual property rights and their impact on... Sample PDF
Intellectual Property Protection and Standardization
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Chapter 11
M. H. Sherif
Management of standardization must be part of an overall strategy for knowledge management. This principle is illustrated with the help of a... Sample PDF
Standards for Telecommunication Services
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Chapter 12
Gunnar Ellingsen
Traditionally, uniform and standardized IT-solutions in health care are considered mechanisms for increased control, efficiency and quality.... Sample PDF
Tightrope Walking: Standardization Meets Local Work-Practice in a Hospital
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Chapter 13
Mark Ginsburg
Scientific research is hindered when there are artificial barriers preventing the efficient and straightforward sharing of bibliographic... Sample PDF
Unified Citation Management and Visualization Using Open Standards: The Open Citation System
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Chapter 14
Sangin Park
The standardization issue in the ICT industry is mainly compatibility in the presence of network externalities. The compatibility in Economics... Sample PDF
Standardization and Network Externalities
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Chapter 15
Tim Weitzel, Oliver Wendt, Daniel Beimborn, Daniel Konig
n this chapter, some of the main results of an interdisciplinary research project on standards are presented and integrated into a single framework... Sample PDF
Network Effects and Diffusion Theory: Extending Economic Network Analysis
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Chapter 16
Mark Pruett, Hun Lee, Ji-Ren Lee, Donald O’Neal
This chapter presents a conceptual model of strategic choice for high-technology start-up firms in the face of network externalities—the strength of... Sample PDF
How High-Technology Start-Up Firms May Overcome Direct and Indirect Network Externalities
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Chapter 17
Scott Moseley, Steve Randall, Anthony Wiles
Traditionally, conformance testing has been the domain of the telecommunications industry, while interoperability testing has mainly been limited to... Sample PDF
In Pursuit of Interoperability
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About the Authors