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"When RAND terms are required (be they FRAND, RAND-Z or plain RAND), they indicate a desire to hold in reserve the option of controlling the relationship with the end user, introducing different terms depending on the competitive and market context. This scope for additional restrictions and for variability dependent on the field of use is what makes any form of RAND a red flag to open source developers."

Includes Sender ID example; Microsoft required free registration to use a patent. Commercial developers could do it once. But license tracking has non-zero friction. I use the example that software requiring a penny-a-seat license for use is much more expensive than one not requiring a license. Think of writing the purchase order. This is an example of a 0¢ license also being more expensive. Corporations could find it expensive because their lawyers are not free, and they're likely to be called in for things outside the usual clickwrap contracts of adhesion.

http://blogs.computerworlduk.com/simon-says/2010/11/rand-not-so-reasonable/index.htm


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