ETSI Conference Standards, Interoperability & Licensing ETSI Conference Standards, Interoperability & Licensing - one size does not fit all Gerald Lane Director, Corporate Standards Practices 12/1/2018

Agenda: Standards, Interoperability & Licensing : Agenda: Standards, Interoperability & Licensing : - one size does not fit all Evolution of the IT Environment IBM’s Evolving Uses for IPR Collaborative Innovation Collaborative Innovation & Standards Software Interoperability Range of SDO Licensing Practices Slide 3 Slide 4 Slides 5,6,7 Slides 8 & 9 Slide 10 Slides 11 & 12 12/1/2018

Evolution of the Environment : -- Participation Growth in IT Development Early Computing - Select individuals with very specific knowledge about computers and programming. Systems and data “relegated to the glass house”. Networked Computing – Knowledge of computing and programming languages expands to encompass a new discipline, Computer Science. Enterprise data can be distributed and shared. Information Age - Computers and access to information through the Internet is ubiquitous. Computing and digital data is pervasive in common devices. Businesses can share data with customers, suppliers and partners across the Internet to improve business processes. The open source community increasing in importance. 1960’s 1980’s 2000+ 12/1/2018

IBM’s Approach to IP Licensing, Innovation and Collaboration 12/1/2018

Innovation in the 21st Century Owned Proprietary creating software programs that are essentially closed and proprietary, intended to produce revenue and profit for the owner of the program Shared creating, maintaining, enhancing software that is open, and shared free of charge Open 12/1/2018

IBM’s Patent Pledge -- Support for Collaborative Innovation 500 IBM software patents available to any group or individual working on an OSI-defined, open source project Access to patents enables open source developers to freely collaborate and innovate Pledge signals a new way for IBM and others to manage intellectual property Pledge invigorates others to join in creating a “patent commons” movement New Model of Innovation Community driven approach to problem solving People working across geographical and organizational boundaries to confront today’s most pressing challenges Enabled by open standards and new intellectual property practices, it unites perspectives from a host of disciplines to: Rapidly solve business issues Accelerate technological advancements Stimulate economic growth 12/1/2018

Reaction to Patent Pledge Announcement IBM to Make Open-Source Pledge Promise Not to Enforce About 500 Software Patents Is Viewed as Boon to Linux I.B.M. to Give Free Access To 500 Patents IBM to Help Open-Source Developers Use of 500 Patents Could Boost Collaboration on Free Software IBM makes software gift on same day it tops patent ranking IBM Receives Most U.S. Patents for 12th-Consecutive Year IBM offers 500 patents for open-source use IBM to give free access to 500 patents IBM Pledges 500 U.S. Patents To Open Source In Support Of Innovation And Open Standards IBM Gets Most U.S. Patents For Twelfth Yr In A Row IBM to give free access to 500 patents - report IBM opens 500 patents to open source developers Big Blue won't enforce patents against open source – but will use them in defense IBM opens 500 patents to open source Grand gesture to encourage innovation UPDATE 1-U.S. patent leader IBM to give away 500 patents. 12/1/2018

Collaborative Innovation Through Standards The objective of policies should balance the interests of IP holders with the benefits of open standards. Recognize the need for innovative developments, along with the benefits of an open infrastructure for collaboration afforded by an open standards setting. Example: The Internet – built on open standards, owned by no one, yet unquestionably the most powerful common platform for the promotion of collaborative innovation in our lifetimes. The Internet is “open” – built on open standards such as TCP/IP and HTML owned by no one But it creates a platform for the creation of innovative proprietary advances Innovative Search technologies - Google Innovative Customer Personalization – Amazon.Com Innovative communication advances - instant messaging, virtual conferencing Innovative business models - online auctions, banking and bill payment, stock trading retail sales, etc… 12/1/2018

Collaborating to Create Open Standards Need Initiator Core group Standards body Open Customer need for technical solution to a known problem Lack of industry accepted technical solution May be competing technical approaches or single proprietary solution Lack of interoperability A company, individual or group of companies or individuals agree to address issue Resources devoted to developing best technical solution, often in collaborative fashion Interested parties publish specifications Specifications publicly available and sufficient to enable implementation, interoperability Can be implemented with little or no restrictions; IPR either RAND or Royalty free. Developers may create reference or commercial implementations Developers declare intent to have solution accepted as standard Standards body reviews proposed solution, solicits feedback, open to broad participation & open decision making process Specifications publicly available are sufficient to enable implementation, interoperability Adopted as standard Can be implemented with little or no restrictions; IPR either RAND or royalty-free. Standard implemented in competing IT products by multiple vendors. 12/1/2018

Software Interoperability Interface Standards Applications Software Interface Stds.. Infrastructure Software Interoperability Operating Environment Hardware Applications Software Interface Stds. Infrastructure Software Interoperability Interface Standard: The data formats, protocols, programming interfaces, and interface description languages intended to be used by two separate programs to work together in all the ways they are intended to function. Operating Environment Hardware 12/1/2018

Range of SDO License Practices Range of Licensing Terms and Management Approaches to Support Standards Implementation Range of SDO License Practices RAND License Commit- ment Required Terms Royalty Free Commitment w/ Terms Detailed Policy, License Terms, Member Agreements & Bylaws Substantial Increase in Formation of SIGS (Special Interest Groups) and Consortia Industry Specific IT Standards Open Source Patent Pools Direct License Mgmt. (RF support - AVS) SDO Patent Policy revisions: ANSI ETSI ISO IETF Oasis W3C Increasing Complexity 12/1/2018

Standards Organization Terms: Bylaws / Membership Agreements / IP Policies 1. Arbitration 2. Assignment of Copyrights in Contributions to the Standard or Specification 3. Assignment of Patents 4. Assignment of other IP 5. Definition of Necessary / Essential Claims . .Defensive Suspension . Field of use limitations . . Opt out .Reciprocity 32. Unauthorized Use of Confidential Information 33. Veto rights 12/1/2018

Summary Flexibility, collaboration and innovation are key elements in developing a successful standards program. The terms and conditions controlling standards development activities vary greatly and continue to become more complex. Standards Developing Organizations must recognize the demands to include all potential participants and create an environment where collaboration and innovation can thrive. For example, IPR policies must address the explosion of IPR issues - especially in the area of software interoperability. Addressing these issues will facilitate widespread collaboration, such as rapid specification development, adoption and implementation to facilitate industry growth. 12/1/2018

Standards, Interoperability & Licensing Standards, Interoperability & Licensing - one size does not fit all THANK YOU 12/1/2018