Transcript Slide 1

Slides for Class #10
ASU Technology Standards Seminar
April 5, 2010
Brad Biddle
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IPR: Patent pools
Policy: private stnds & law
Policy: Role of government + China
Student presentations
Student presentations
4/12
4/19
4/26
Introduction
Taxonomy / “How”
Business strategy / “Why”
Antitrust
Guest discussion re USB
IPR: RAND v. RF
IPR(+): “Openness”
4/5
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3/29
3/22
Royalty stacking
Ambush
Hold-up/hold-out
ANTITRUST
Ex-ante
F/RAND
PATENTS
Pools
ECPR
Disclosure
Anti-commons
TAX
COPYRIGHT
CORPORATE
CONSUMER
PROTECTION
TRADEMARK
Board member duties
WTO/TBT
EMPLOYMENT
PUBLIC POLICY
TRADE
Attorney-Client Privilege
ETHICS
PROCUREMENT
CONTRACT
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Samuelson argument I
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Samuelson argument II
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Samuelson argument III
(incentive and competition)
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SSOs have ample incentives beyond the
copyright incentive
Volunteers do the work currently
SSOs generally use copyright-related revenues
to subsidize other activities
The web has made distribution of standards
cheap and easy
Because the document is a standard, the SSO
can get monopoly rents (i.e., there is no price
competition)
Perverse incentives to “make public employees
into a kind of free sales force” for the SSO
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United States
Standards
Strategy
(by ANSI)
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http://publicaa.ansi.org/sites/apdl/Documents/Standards%20Activities/NSSC/USSS-2005%20-%20FINAL.pdf
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http://www.astm.org/SNEWS/APRIL_2006/overman_apr06.html
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Summary of SSO arguments
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Copyright incentive drives creativity by SSOs
Respect property interest of copyright owner
5th Circuit wrong re interpreting copyright law
Copyright revenue is critical for business model
of some SSOs
– These SSOs are a critical part of the very successful US
standards system
– Government relies on the US standards system to
produce high quality standards
– A high quality standards system ultimately benefits
government and citizens
• No practical harm under the current model:
standards are available at reasonable rates
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An under-explored argument:
control over derivative works
(i.e. the importance of one organization defining
precisely what is the standard)
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http://www.flickr.com/photos/publicresourceorg/sets/72157606911738805/show/
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