All laws, rules, regulations are as only good as their mplementation. This will be no exception.
On Wednesday 19 May 2010 11:42 PM, Nagarjuna G wrote: > The issue that remains is: as per the definition of open standards > adopted by the FOSS community, FRAND or RAND should not exist. > Currently if this policy is adopted, FRAND and RAND condition may now > become part of open standards definition within Indian legal regime. > This is a dilution. The relevant part of the clause is clearly an exception: "If such Standards are not found feasible then in the wider public interest". It goes on to state that FRAND and RAND "with no payment" could be considered. Apart from semantics, F/RAND + no payments (with the standard disclaimers of being irrevocable, etc.) = Royalty-Free. Sure, exceptions (which the policy, from the perspective of governance, must have) can be widely construed. That does not in and of itself damage the policy, so long as the exceptions don't invite such constructions. I don't believe these do. And, the policy being on the rulebooks is only a reason for us to be ever more vigilant in ensuring that the exceptions are few and that the spirit of the policy (which is very crisply laid out in the Preamble and clause 1) is followed. Or is there something I'm missing? -- Pranesh Prakash Programme Manager Centre for Internet and Society W: http://cis-india.org | T: +91 80 40926283
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