On Thursday 20 May 2010 02:57:49 Pranesh Prakash wrote:
> 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.

Not quite. This RAND / FRAND clause is a particular cause of grief. 
Subclauses in RAND which cause problems
1) The licensor insisting on individual permission for distribution. 
It is a most effective block against FOSS. The erstwhile Sun Java 
licence
2) Free for non commercial use.  H264 / MP4

There could well be other conditions which work against FLOSS.





-- 
Rgds
JTD
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