For the People and by the People: A New Proposal for Defining Industry Standards in Computer Software

47 Pages Posted: 29 Sep 2007

See all articles by Matthew John Duane

Matthew John Duane

Michigan State University - College of Law

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Abstract

My note, titled For the People and by the People: A New Proposal for Defining Industry Standards in Computer Software, focuses on the increasingly contentious world of standard setting organizations (SSOs) in the software and hardware industries, where industry leaders and upstarts alike jostle for acceptance of their products while (at least perfunctory) working together in these groups to adopt the best technologies. Obviously, this dichotomy between commercial and societal concerns sometimes act at odds with each other, leading to cries of patent misuse, anti-trust violations, and various other abuses. All the while, government SSOs such as the NIST tend to remain on the sidelines, waiting for the market participants to remedy internal squabbles and accepting the end result. My paper proposes a more proactive approach by the federal government and, in particular, its own SSOs to spur on standards' adoption in America. Through governmental support and moderation, both large and small companies will be able to take part in a far more democratic and true standards adoption process, be able to voice concerns and seek protection from abuses long before they enter the courtroom, and in effect standardize the standardization process.

Keywords: standards, technology, software, patents, government, Rambus

JEL Classification: K21, O38, O32, O33, O34

Suggested Citation

Duane, Matthew J., For the People and by the People: A New Proposal for Defining Industry Standards in Computer Software. Wake Forest Intellectual Property Law Journal, Vol. 7, No. 1, 2006-2007, Available at SSRN: https://ssrn.com/abstract=1018011

Matthew J. Duane (Contact Author)

Michigan State University - College of Law ( email )

318 Law College Building
East Lansing, MI 48824-1300
United States

HOME PAGE: http://www.matthewduane.com

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