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Competition In Information Technologies: Standards-Essential Patents, Non-Practicing Entities And Frand Bidding, Herbert J. Hovenkamp
Competition In Information Technologies: Standards-Essential Patents, Non-Practicing Entities And Frand Bidding, Herbert J. Hovenkamp
All Faculty Scholarship
Standard Setting is omnipresent in networked information technologies. Virtually every cellular phone, computer, digital camera or similar device contains technologies governed by a collaboratively developed standard. If these technologies are to perform competitively, the processes by which standards are developed and implemented must be competitive. In this case attaining competitive results requires a mixture of antitrust and non-antitrust legal tools.
FRAND refers to a firm’s ex ante commitment to make its technology available at a “fair, reasonable and nondiscriminatory royalty.” The FRAND commitment results from bidding to have one’s own technology selected as a standard. Typically the FRAND commitment is …
Antitrust Law And Virtual Worlds, Marques Tracy
Antitrust Law And Virtual Worlds, Marques Tracy
The Journal of Business, Entrepreneurship & the Law
Much has been written about the law in virtual worlds, though the focus has been on the more obviously applicable areas of the law, namely property, copyright, and crime. Indeed, in the few instances when disputes involving virtual worlds have reached a federal court, the focus has usually been on contract or copyright claims. It is the purpose of this paper to argue for the use of the antitrust laws as set forth in sections 1 and 2 of the Sherman Act, and possibly the Clayton Act, to forestall the anticompetitive behavior of virtual world developers. First, this paper will …