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A change of leadership at the Free Software Foundation provides the OSI Board an opportunity to thank the outgoing Executive Director for his work promoting software freedom and to welcome the incoming executive director.
According to filings made by Novell
[On] February 2, 2011, each of [CPTN Holdings] and Novell received a Second Request from the DOJ regarding the sale of certain identified patents and patent applications to CPTN contemplated by the Patent Purchase Agreement. The Second Requests have the effect of extending the waiting period under the HSR Act until 30 days after both parties have substantially complied with the Second Requests, unless the waiting period is earlier terminated. Novell is in the process of gathering information to respond to this Second Request and is continuing to cooperate fully with the DOJ in connection with its review.
The Open Source Initiative commends the US Department of Justice for taking this important step to promote innovation by issuing a second request and deepening the investigation of CPTN's acquisition of Novell's patents. As we have stated, the history is clear: patents have been—and are likely to be—used by CPTN and its members to create fear, uncertainty and doubt concerning open source software, raise competitors costs and threaten customers. We trust and hope that following a thorough investigation, the DoJ will impose whatever measures are necessary to ensure that CPTN does not harm the commercial open source development model or market competition.
January 19, 2011 (update 2) - The Antitrust Division of the US Department of Justice has acknowledged receipt of the following correspondence (with attachment):
I am writing to you this morning in my capacity as President of the Open Source Initiative, a US 501(c)3 non-profit organization. Last month the OSI filed a statement with the German Federal Cartel Office (FCO) outlining our deep concerns about a proposed transaction whereby four companies, Microsoft, Oracle, Apple, and EMC, would create a new non-practicing entity (NPE) to acquire and hold Novell's entire portfolio of 882 patents. Since making that filing, we have been joined by the Free Software Foundation (FSF) and have updated that statement to represent that both our communities--the open source community and the free software community--are concerned that CPTN represents a potential broadside not against any particular product in the market today, but against one of the only viable sources of competition for these companies in software today: the free, libre, and open source software (FLOSS) communities.
Attached is our joint statement that reflects both our consensus thinking on the subject and our joint appeal that DOJ investigate the true purpose of CPTN.
If there is any other information you require from myself, any OSI board member, or the OSI as a whole, please do not hesitate to let us know. Thank you very much for your consideration.
President, Open Source Initiative
Following up on an earlier blog posting, Indian Open Standards Policy Finalized, I read an article published in the The Hindu, one of India's leading newspapers, about the concrete benefits of this policy. It also provides a very meaningful template for open source advocates to see how well an argument can be made with the proper framing of facts. Here is a quote from the third paragraph:
SCOSTA [the Smart Card Operating System for Transport Applications] was a standard developed for smart card-based driving licences and transport-related documentation by different State governments. It was developed by the National Informatics Centre in collaboration with the Indian Institute of Technology, Kanpur. Despite attempts by proprietary lobbies to make the body opt for a proprietary standard, the NIC and academics went ahead and developed an open standards, one that comprised technological specifications that were entirely royalty-free, and put up the specifications on their website. By doing so, they made a huge impact on the entire market.
Venkatesh Hariharan reports:
After three years of continuous running battles, India's Department of Information Technology has finalized the national policy on Open Standards. Over the last three years, we worked with our friends in government, academic, civil society and the media to push the Indian government in favor of a policy that mandates a single, royalty-free standard. With this, India becomes another major country to join the growing open standards movement.
Of particular interest is Clause 4.1.2: