Another attempt to bring transparency and predictable pricing to the vexed issue of the wireless industry's use of IP, has been launched with Cisco, Intel, Samsung , Alcatel-Lucent, Clearwire and Xohm forming the Open Patent Alliance (OPA) to declare their Wimax patents and say how much they'll charge for their licensing.
The Open Patent Alliance is in the same mould as the Next Generation Mobile Networks (NGMN) initiative, aimed at making pricing of IP licensing known to everyone in advance, so that people know the cost of doing business, and so they can't be ambushed later on by companies seeking royalties on technologies they are already deploying.
Somewhat predictably, Qualcomm, has declined to say whether it will joint the OPA, just as it has neglected to join the NGMN initiative.
IP has become a litigator's delight in the wireless industry with some companies springing patent ambushes, by hiding their patents, then disclosing them after a company has begun deploying a technology in the market and seeking to charge huge, unjustifiable fees.
This kind of behaviour deters companies from competing in markets, stifles innovation and competition and puts a tax on consumers.
In a way these IP alliances are aimed at sorting out the good guys from the bad guys. Those companies flying the Jolly Roger, intent on piracy once a new technology takes to the high seas, will stay outside the alliances; those that wish to lay the IP issues to rest and compete in the market on equal terms, will join up.
None of the actions of the alliances affect the law, however. The pirates will be able to enforce their undisclosed patents through the courts, just as easily as if the patents had been disclosed.
Maybe that is something legislators should change.
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