7 Wake Forest Intell. Prop. L.J. 97
This article focuses on the increasingly contentious world of standard setting organizations (SSOs) in the software and hardware industries. The article discusses the history of standards, and their importance to modern commerce, including the role played by modern SSOs. The article then details the problems faced by SSOs in the technology arena, namely the temptation for an SSO participant to seek the adoption of standards that are in the participant’s own economic interest. This tension between the participants’ self-interested motivations and the SSOs overarching goal of serving the common good has resulted in cries of patent misuse, anti-trust violations, and other abuses.
The author argues that the federal government currently is too removed from the standard setting process and plays little active role in the functioning of private SSOs. Ultimately, the author argues that the situation can best be remedied by the establishment of a federal SSO; the article then details what this entity would look like and how it would operate.