Microsoft Demonstrates why FRAND Licensing is a Sham

A little while back I was pointing out how free software licences aren't generally compatible with Fair, Reasonable and Non-Discriminatory (FRAND) licensing, and why it would be hugely discriminatory if the imminent European Interoperability Framework v 2 were to opt for FRAND when it came to open standards, rather than insisting on restriction-free (RF) licensing.

I noted how FRAND conditions are impossible for licences like the GNU GPL, since the latter cannot pay per copy licensing fees on software that may be copied freely. As I commented there, some have suggested that there are ways around this - for example, if a big open source company like Red Hat pays a one-off charge. But that pre-supposes that licence holders would want to accommodate free software in this way: if they simply refuse to make this option available, then once again licences like the GNU GPL are simply locked out from using that technology - something that would be ridiculous for a European open standard.

Now, some may say: “ah well, this won't happen, because the licensing must be fair and reasonable”: but that then begs the question of what is fair and reasonable. It also assumes that licensors will always want to act fairly and reasonably themselves - that they won't simply ignore that condition. As it happens, we now have some pretty stunning evidence that this can't be taken for granted.

On Open Enterprise blog.