Open Source Licensing: Software Freedom and Intellectual Property Law

Enforcing the Standard by Copyright Restrictions

Some standards become laws that everyone must obey. For example, in the United States there are uniform codes regulating the building, electrical, and plumbing trades. Contractors may not build things that violate those industry standards.

Many state and local laws mandate industry standards without actually stating the standard; they incorporate the standard by reference to some specification published by a standards organization. These standards have the force of law and must be obeyed. Courts in the United States have only recently addressed the issue of standards organizations being able to charge fees for the public's right to copy industry standards that are enforceable under the law. In ...