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Competing Definitions of 'Openness' on the GII
Pages 31-37

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From page 31...
... As the Clinton Administration recognized In its 1993 Agen~forAchon, the information infrastructure will be of maximum value to users if it is sufficiently "open" and interactive so that users can develop new services and applications or exchange information among themselves, without waiting for services to be offered by the firms that operate the NII [national information infrastructurel.2 The position papers similarly agree that the desired openness could be achieved only through standardized points of Interconnection fin technical parlance, interface specifications)
From page 32...
... Thus, it believes that hardware interfaces specifications are patentable and software interfaces specifications are both patentable and copyn~table. The CSPP differs from Microsoft In that it believes that special rules should apply In the information infrastructure environment.
From page 33...
... ' Removing protection from an interface specification does not lead to removal of protection from a particular implementation of that specification. Indeed, proprietary implementations of nonproprietary specifications provide the bases for rigorous competition between providers: '`This combination of nonproprietary interface specifications and proprietary implementations meets the imperative of balancing the requirement of providing incentives to developers of new technology with Me societal need for interoperability along the information infrastructure."~4
From page 34...
... The joint paper stresses that those open interfaces should be the product of "private-sector-led voluntary consensus standards development processes." It also draws a distinction between interface specifications and implementations: "Interface specifications provide the information and technical parameters for how systems, products and services communicate with each other, but should be limited to that information necessary to achieve interoperability, allowing suppliers to develop different implementations with distinguishing characteristics."~7 Nonetheless, the joint paper recognizes a role for proprietary technologies in GI! standards: "When a proprietary technology is incorporated into a standard, the developer must voluntarily agree to license the technology on reasonable terms and conditions, demons/ratably free of discrimination." The joint paper's views In general run parallel to those of CSPP: Intellectual property rights can reside in technology included in a GI!
From page 35...
... On the one hand, He unilateral imposition of mandatory standards by public authorities and, on the other, the emergence of de facto standards from monopolistic market positions."23 Although it is properly concerned about de facto standards and resultant monopolization, the Commission is unrealistic in its belief that standards bodies alone will solve the problem. Standards bodies tend to work slowly, and thus probably will not keep pace with the highly complex, rapidly evolving GIl.
From page 36...
... The United States, the European Union, and the G-7 have all reject the Microsoft definition of openness; In their view, openness requires that the standard interface specifications be available to all vendors, not only those developing attaching products. The United States and the G-7, at least implicitly, have recognized the shortcomings of Me CSPP/EUROBIT-m-IElDA approach; Hey understand that standards bodies alone cannot eliminate the finger posed by proprietary control of de facto standards.
From page 37...
... 24. Documents Resulting from the G-7 Ministerial Conference on Me Information Society, issued Feb.


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