OSS and FRAND Encumbered Knowledge Production

Abstract

To inform the debate on compatibility, complementarity, and efficiency of FRAND and OSS licensing, we analyze OSS project diversity and 3GPP cellular standardization process. We find significant differences in governance between OSS projects with corporate involvement and 3GPP standardization, but no incompatibility of FRAND and OSS licensing. We also find that, due to significant differences in standard development in mobile communications and software development, FRAND-based licensing could not be effectively replaced by an OSS-like incentive mechanism in the context of cellular standardization.

Keywords: open source software, SEP, FRAND licensing, standard setting, mobile communications

JEL Classification: K11, L15, L17, L24