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RE: New US Law On Anti-Trust And Standards Bodies

2004-11-18 09:12:21
Subject: RE: [spf-discuss] New US Law On Anti-Trust And Standards Bodies

This process is slightly different from what we are doing since the National
Electrical Code is adopted in many states as their building code. So this
particular body was in effect setting law.

I don't think it has a major impact on what we do because the Internet world
in particular and the computing world in general operates far more
enlightened IPR policies than practically every other standards area.

I can't help but think:

  1) If I can demonstrate that a new internet standard damaged a business
  2) The standard's creation was influenced by a "biased" (profit making) party
  3) The biased party specifically caused the standard to alter in a way that 
caused the damage

Then I'd expect the standards body (and possibly the biased party) to be at 
risk.  Add:

  4) The intent of the alteration was to damage the business

  or 

  5) The creation of the standard intentionally excluded the business

And the risk might be large enough I would expect the standards body to loose a 
lawsuit.

This makes me think MW's discussion on "exclusion vs inclusion" in standards 
creation was a good way to limit risk in standards making.

The building codes frequently mandate the use of 
patented technology, the GPF

That's GFI --- You've been using windows too much  :)

Where are all the lawyers on this list ;)


Jon B.


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