OASIS (organization) - Patent Disclosure Controversy

Patent Disclosure Controversy

Like many bodies producing open standards, OASIS has a patent disclosure policy requiring participants to disclose intent to apply for software patents for technologies under consideration in the standard. Like the W3C, which requires participants to offer royalty-free licenses to anyone using the resulting standard, OASIS offers a similar Royalty Free on Limited Terms mode, along with a Royalty Free on RAND Terms mode and a RAND (reasonable and non-discriminatory) mode for its committees.

Controversy has arisen because this licensing allows publication of standards requiring licensing fee payments to patent holders, the use of which would effectively eliminate the possibility of free/open source implementations of these standards. Further, contributors could initially offer royalty-free use of their patent, later imposing per-unit fees, after the standard becomes accepted.

Supporters of OASIS point out this could occur anyway since an agreement would not be binding on non-participants, discouraging contributions from potential participants. Supporters further argue that IBM and Microsoft shifting standardization efforts from the W3C to OASIS is evidence this is already occurring.

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