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Challenges for a data-driven society

likely from ETSI members who have signed the CLA. can utilize OSS, the strict exclusion of OSS code in
Reflecting on our analysis in section 3.2, if patents turn out specifications might also impede full utilization of OSS.
to be essential, without clear guidance, Apache v.2, which The power of code is likely to go up, since there are already
directly governs the OSM, FRAND will prevail and such questions of whether the industry can rely only on open
patent right will be made royalty free to any recipient that source to define functions of future technologies instead of
agrees to Apache v.2 in OSM. formulating a standard [36]. Nevertheless, there is no need
Besides the possibility of rendering members’ patents to RF, for SSOs to panic, as Updegrove said, “code [actually] has
the “patent retaliation” brings more concerns. As we been creeping into standards for years, [but] often without
learned, contributors have to agree not to file patent the keepers of intellectual property rights policies
litigation against the “Work” to avoid triggering patent governing the standards even being aware of it” [37]. What
retaliation. However, as the project continues, the “Work” matters is for SSOs to realize the issue, conceive its own
will grow much larger than it was when first contributed goal, and design an optimum mode accordingly.
and when the CLA was created. The current ToR did not
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