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Comment by torginus

5 hours ago

I don't understand how standards are allowed to be patent encumbered - I get it they aren't really, but more often than not (like with the Oracle vs Google Java lawsuit) there's just one possible and obvious way to implement patents thats both efficient and correct.

For example in telco, error correcting codes are often designed in a way, that there's an algorithm that can turn the logic into a netlist.

I dont't like patent-encumbered standards neither, but I guess the idea is that developing a technology (which will be turned into a standard) is expensive, so the people (companies really) that do it should get paid for it. The more recent mobile standards really seem to be quite sophisticated technologies.

It's not like the standards have official legal status. You're allowed to develop your own mobile network technology that isn't 5G and doesn't infringe any patents - the government isn't saying that only 5G can be 5G, so it's a theoretically fair playing ground.

  • In this case they literally are - if you broadcast in the 5G spectrum, you better have your devices certified, otherwise the local broadcasting authority (which would be the FCC in the US) will ruin your day.