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	<title>Linux Foundation Legal</title>
	<link>http://linux-foundation.org/weblogs/legal</link>
	<description>Legal Issues Affecting Linux and Open Source</description>
	<pubDate>Mon, 01 Sep 2008 20:29:07 +0000</pubDate>
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	<language>en</language>
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		<title>Six Nations &#8220;Just Say No&#8221; to ISO/IEC</title>
		<link>http://linux-foundation.org/weblogs/legal/2008/09/01/six-nations-just-say-no-to-isoiec/</link>
		<comments>http://linux-foundation.org/weblogs/legal/2008/09/01/six-nations-just-say-no-to-isoiec/#comments</comments>
		<pubDate>Mon, 01 Sep 2008 20:29:07 +0000</pubDate>
		<dc:creator>Andy Updegrove</dc:creator>
		
		<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://linux-foundation.org/weblogs/legal/2008/09/01/six-nations-just-say-no-to-isoiec/</guid>
		<description><![CDATA[In the latest twist in the OOXML - ODF document format story, ISO and IEC, two of the most venerable standards organizations in the world, have been dealt a slap by government IT agencies in six countries.  In a public statement, the agencies deplore the refusal of ISO and IEC to give full attention [...]]]></description>
			<content:encoded><![CDATA[<p>In the latest twist in the OOXML - ODF document format story, ISO and IEC, two of the most venerable standards organizations in the world, have been dealt a slap by government IT agencies in six countries.  In a public statement, the agencies deplore the refusal of ISO and IEC to give full attention to appeals against the OOXML process earlier lodged by Brazil, India, South Africa, and Venezuela, and suggest that if the two global standards organizations are not interested in listening to member concerns, then these members may no longer be interested in adopting ISO/IEC standards. </p>
<p>The statement is titled the &#8220;COMSEGI 2008 Declaration,&#8221; named for the South and Latin American government open source conference held in Brasilia, Brazil, at which the Declaration was signed.  Those that attended included senior government officials, such as Brazil&#8217;s Minister of Science and Technology, as well as representatives of the six nations that signed the declaration:  Brazil, Cuba, Paraguay, South Africa and Venezuela.  </p>
<p>It has become clear that we are witnessing a watershed event that transcends the significance of the standards war between OOXML and ODF.  What we are seeing is an awakening that will reshape the way that governments and citizens think about important standards, and changes in the ways that they will allow such standards to be developed and approved.</p>
<p><a href="http://www.consortiuminfo.org/standardsblog/article.php?story=20080901094932564">The full story is here</a></p>
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		<title>ISO/IEC Reject OOXML Appeals, paving way to publication</title>
		<link>http://linux-foundation.org/weblogs/legal/2008/08/15/isoiec-reject-ooxml-appeals-paving-way-to-publication/</link>
		<comments>http://linux-foundation.org/weblogs/legal/2008/08/15/isoiec-reject-ooxml-appeals-paving-way-to-publication/#comments</comments>
		<pubDate>Fri, 15 Aug 2008 19:57:44 +0000</pubDate>
		<dc:creator>Andy Updegrove</dc:creator>
		
		<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://linux-foundation.org/weblogs/legal/2008/08/15/isoiec-reject-ooxml-appeals-paving-way-to-publication/</guid>
		<description><![CDATA[ISO and IEC have announced the rejection of the four appeals submitted by the National Bodies of Brazil, India, South Africa and Venezuela, as earlier recommended by the Secretaries General of each of the two standards organizations. to their respective management boards not to give the appeals further consideration.   
This paves the way [...]]]></description>
			<content:encoded><![CDATA[<p>ISO and IEC have announced the rejection of the four appeals submitted by the National Bodies of Brazil, India, South Africa and Venezuela, as earlier recommended by the Secretaries General of each of the two standards organizations. to their respective management boards not to give the appeals further consideration.   </p>
<p>This paves the way for the as-adopted version of OOXML, now called IS0/IEC DIS 29500, Information technology - Office Open XML, to proceed to publication.  That version is substantially different than the current implementation of OOXML in Office 2007, and its text has still not been publicly released by ISO/IEC.  According to a joint press release, publication &#8220;is expected to take place within the next few weeks on completion of final processing of the document.&#8221;  Intriguingly, the press release goes on to say, &#8220;and subject to no further appeals against the decision.</p>
<p><a href="http://www.consortiuminfo.org/standardsblog/article.php?story=20080815093816875">Read the rest</a></p>
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		<title>A Big Day in Court for the FOSS Community</title>
		<link>http://linux-foundation.org/weblogs/legal/2008/08/13/a-big-day-in-court-for-the-foss-community/</link>
		<comments>http://linux-foundation.org/weblogs/legal/2008/08/13/a-big-day-in-court-for-the-foss-community/#comments</comments>
		<pubDate>Wed, 13 Aug 2008 22:06:11 +0000</pubDate>
		<dc:creator>Andy Updegrove</dc:creator>
		
		<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://linux-foundation.org/weblogs/legal/2008/08/13/a-big-day-in-court-for-the-foss-community/</guid>
		<description><![CDATA[Today those who believe in free content and free and open source software won a major victory in court.  The underlying facts, and counsel, were hardly major figures on the commercial landscape: the open source software at issue had been developed for model train buffs under an infrequently used free and open source license, [...]]]></description>
			<content:encoded><![CDATA[<p>Today those who believe in free content and free and open source software won a major victory in court.  The underlying facts, and counsel, were hardly major figures on the commercial landscape: the open source software at issue had been developed for model train buffs under an infrequently used free and open source license, and the attorney was young and inexperienced.  But as often happens, a small case between small parties can have huge implications.  And decisions that may make good strategic sense to the parties can also have disastrous consequences for those that are not in the same situation.</p>
<p> But as often happens, an insignificant case between small parties can have huge implications.  And decisions that may make good strategic sense to the parties can also have disastrous consequences for those that are not in the same situation.</p>
<p>The case in question is called Jacobsen v. Katzer.  It&#8217;s been going on for awhile, and a lot of people have spent a lot of time behind the scenes helping make sure that it came out the right way.  So for those of you who have not been following this case for the last few years, I&#8217;ll try to distill briefly why this decision is so important, and why people are so pleased.</p>
<p><a href="http://www.consortiuminfo.org/standardsblog/article.php?story=20080813143330810">Read the rest of the story</a></p>
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		<title>Linux World 2008/Streets of San Francisco</title>
		<link>http://linux-foundation.org/weblogs/legal/2008/08/08/linux-world-2008streets-of-san-francisco/</link>
		<comments>http://linux-foundation.org/weblogs/legal/2008/08/08/linux-world-2008streets-of-san-francisco/#comments</comments>
		<pubDate>Fri, 08 Aug 2008 07:26:50 +0000</pubDate>
		<dc:creator>Andy Updegrove</dc:creator>
		
		<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://linux-foundation.org/weblogs/legal/2008/08/08/linux-world-2008streets-of-san-francisco/</guid>
		<description><![CDATA[The latest edition of Linux World ground to a halt in San Francisco today.  I made it into town just last night for a VIP party hosted by the Linux Foundation where I caught up with lots of the true believer friends (developers, journalists and corporate supporters), and for the Board meeting today.  [...]]]></description>
			<content:encoded><![CDATA[<p>The latest edition of Linux World ground to a halt in San Francisco today.  I made it into town just last night for a VIP party hosted by the Linux Foundation where I caught up with lots of the true believer friends (developers, journalists and corporate supporters), and for the Board meeting today.  The LF board meeting today was productive, though (a highlight was a walk around the Linux Developers Network Site we brought live today, as well as the new Linux Application Checker that Steven J. Vaughn-Nichols immediately pronounced to be a &#8220;killer development tool.&#8221;</p>
<p>Some things never change, although some things never change in ways that are fresher than others.  Linux World was Linux World, or so I heard from all that attended.  I tried to scan the agenda, and on a reasonably fast hotel connection it took forever to load, what with all the dynamic content and fancy graphics. </p>
<p><a href="http://www.consortiuminfo.org/standardsblog/article.php?story=20080807222514715">Read the rest here</a></p>
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		<title>Putting the Sneer Before the Scoop: Joe Nocera and Steve Jobs</title>
		<link>http://linux-foundation.org/weblogs/legal/2008/07/26/putting-the-sneer-before-the-scoop-joe-nocera-and-steve-jobs/</link>
		<comments>http://linux-foundation.org/weblogs/legal/2008/07/26/putting-the-sneer-before-the-scoop-joe-nocera-and-steve-jobs/#comments</comments>
		<pubDate>Sat, 26 Jul 2008 14:04:16 +0000</pubDate>
		<dc:creator>Andy Updegrove</dc:creator>
		
		<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://linux-foundation.org/weblogs/legal/2008/07/26/putting-the-sneer-before-the-scoop-joe-nocera-and-steve-jobs/</guid>
		<description><![CDATA[Ever since Steve Jobs addressed the adoring crowds at this year&#8217;s Apple Worldwide Developers Conference, the press, Apple fans - and most especially, Apple investors - have been concerned over the state of his health.  The reasons are obvious: Five years ago, Jobs announced that he had been diagnosed, and cured, of a rare [...]]]></description>
			<content:encoded><![CDATA[<p>Ever since Steve Jobs addressed the adoring crowds at this year&#8217;s Apple Worldwide Developers Conference, the press, Apple fans - and most especially, Apple investors - have been concerned over the state of his health.  The reasons are obvious: Five years ago, Jobs announced that he had been diagnosed, and cured, of a rare and happily less pernicious form of pancreatic cancer (the more common variety is almost never discovered before it has become incurable).  And, when Jobs took the stage this June, he was far thinner and more haggard than he had ever been seen to be before.</p>
<p>Since then, although rumors have swirled, Apple has refused to state whether or not Jobs has had a recurrence of his cancer - or disclose any meaningful details at all.  Even on calls with securities analysts, Apple&#8217;s response has only been that &#8220;Steve&#8217;s health is a private matter.&#8221;</p>
<p>Thus you might think that if you were a journalist, and you got a call from Steve Jobs yourself, giving you, and you only, the private scoop on the status of his health, you might feel like a pretty lucky guy, and take that news to the public within whatever constraints you had agreed to with the Apple CEO.  Or would you write a different story entirely, and bury that news in the penultimate paragraph of a long story, and write at length instead about how stockholders were entitled to know the news that you had just buried? </p>
<p>With that lead in, you can guess which way New York Times business page columnist Joe Nocera called the coin toss.  So here&#8217;s the good news about Steve Jobs (up front), and the bad news about a Journalistic decision. </p>
<p><a href="http://www.consortiuminfo.org/standardsblog/article.php?story=20080726051445248">Read the rest of the story</a></p>
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		<title>Whither the Knol? Google Takes a New Experiment Live</title>
		<link>http://linux-foundation.org/weblogs/legal/2008/07/25/whither-the-knol-google-takes-a-new-experiment-live/</link>
		<comments>http://linux-foundation.org/weblogs/legal/2008/07/25/whither-the-knol-google-takes-a-new-experiment-live/#comments</comments>
		<pubDate>Fri, 25 Jul 2008 14:32:57 +0000</pubDate>
		<dc:creator>Andy Updegrove</dc:creator>
		
		<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://linux-foundation.org/weblogs/legal/2008/07/25/whither-the-knol-google-takes-a-new-experiment-live/</guid>
		<description><![CDATA[Back in December of last year, Google posted a brief announcement of a new experiment in online publishing.  At first blush it seemed to represent a challenge to the Wikipedia - but with a few differences.  Google summarized the concept as follows:
Earlier this week, we started inviting a selected group of people to [...]]]></description>
			<content:encoded><![CDATA[<p>Back in December of last year, Google posted a <a href="http://googleblog.blogspot.com/2007/12/encouraging-people-to-contribute.html">brief announcement</a> of a new experiment in online publishing.  At first blush it seemed to represent a challenge to the Wikipedia - but with a few differences.  Google summarized the concept as follows:</p>
<blockquote><p>Earlier this week, we started inviting a selected group of people to try a new, free tool that we are calling &#8220;knol&#8221;, which stands for a unit of knowledge. Our goal is to encourage people who know a particular subject to write an authoritative article about it. The tool is still in development and this is just the first phase of testing. For now, using it is by invitation only. But we wanted to share with everyone the basic premises and goals behind this project.</p></blockquote>
<p>Then the project dropped out of sight, while the chosen authors contributed initial content, and while Google decided whether to green light the project for ongoing support and public participation</p>
<p>This Wednesday, Google lifted the password curtain on its infant knol site, and issued a <a href="http://googleblog.blogspot.com/2008/07/knol-is-open-to-everyone.html">new announcement</a>.  In some respects, the description of the knol game plan (and even the words) are identical to what we read in the original blog entry.  In others, they are different, apparently reflecting lessons learned and author feedback received during the intervening seven months.  And, of course, there is now the <a href="http://knol.google.com/k#">nascent site</a> itself to browse and watch evolve as well. </p>
<p>What you&#8217;ll see when you visit turns out to be quite different from the Wikipedia - at least for now.  Given that until yesterday it was neither available to public feedback nor open to volunteer authors desiring to launch their own knols, what it looks like today will almost certainly be very different from what it looks like a year from now, or perhaps even in month from now.  With the door now open to anyone that wants to walk in and the freedom to go in any direction - not to mention ad revenues to be reaped and shared with authors - what we will see will be akin to the Apple App Store for the everyman and woman - not just for developers, but for anyone who can type.</p>
<p>Here&#8217;s my take on what to expect, how the knol experiment may evolve, and why I think it matters - a lot.</p>
<p><a href="http://www.consortiuminfo.org/standardsblog/article.php?story=2008072406152475">Read the rest of this blog entry</a></p>
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		<title>Don&#8217;t Forget UOF: Here Comes EIOffice 2009</title>
		<link>http://linux-foundation.org/weblogs/legal/2008/07/21/dont-forget-uof-here-comes-eioffice-2009/</link>
		<comments>http://linux-foundation.org/weblogs/legal/2008/07/21/dont-forget-uof-here-comes-eioffice-2009/#comments</comments>
		<pubDate>Mon, 21 Jul 2008 23:17:05 +0000</pubDate>
		<dc:creator>Andy Updegrove</dc:creator>
		
		<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://linux-foundation.org/weblogs/legal/2008/07/21/dont-forget-uof-here-comes-eioffice-2009/</guid>
		<description><![CDATA[Long time followers of the ODF-OOXML story will recall that there is a third editable, XML-based document format in the race to create the documentary record of history.  That contender is called UOF - for Uniform Office Format, and it has been under development in China since 2002.  Last summer, UOF was adopted [...]]]></description>
			<content:encoded><![CDATA[<p>Long time followers of the ODF-OOXML story will recall that there is a third editable, XML-based document format in the race to create the documentary record of history.  That contender is called UOF - for Uniform Office Format, and it has been under development in China since 2002.  Last summer, UOF was adopted as a Chinese National Standard, and on Friday the first complete office suite based upon UOF was released.  It&#8217;s called Evermore Integrated Office 2009 (EIOffice 2009 for short).  </p>
<p>How successful could this new entrant be in China?  For starters, Evermore Software Co. Ltd., its developer, is reportedly the largest software vendor to the Chinese government.  And then there&#8217;s price: Evermore&#8217;s professional edition is less than a quarter of the price of the comparable version of Office 2007.  And finally, it&#8217;s clearly no coincidence that on July 11, Evermore Vice President Cao Shen called for Microsoft to be the first target for the China&#8217;s new anti-monopoly law, which will take effect in just ten days&#8217; time.  Whether Shen is speaking to, or for, the government remains to be seen.<br />
<a href="http://www.consortiuminfo.org/standardsblog/article.php?story=20080721140512962"><br />
Read the whole story</a></p>
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		<title>Welcoming Brian Proffitt (and looking forward to the LDN)</title>
		<link>http://linux-foundation.org/weblogs/legal/2008/07/19/welcoming-brian-proffitt-and-looking-forward-to-the-ldn/</link>
		<comments>http://linux-foundation.org/weblogs/legal/2008/07/19/welcoming-brian-proffitt-and-looking-forward-to-the-ldn/#comments</comments>
		<pubDate>Sat, 19 Jul 2008 16:40:56 +0000</pubDate>
		<dc:creator>Andy Updegrove</dc:creator>
		
		<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://linux-foundation.org/weblogs/legal/2008/07/19/welcoming-brian-proffitt-and-looking-forward-to-the-ldn/</guid>
		<description><![CDATA[Although I&#8217;m a little late doing so, I&#8217;d like to add my voice to Amanda McPherson&#8217;s in welcoming Brian Proffitt to the Linux Foundation.  Amanda is the Linux Foundation&#8217;s Vice President, Marketing and Developer Programs, and posted the official welcome on Thursday at the Linux Foundation Web site here.
As I expect just about every [...]]]></description>
			<content:encoded><![CDATA[<p>Although I&#8217;m a little late doing so, I&#8217;d like to add my voice to Amanda McPherson&#8217;s in welcoming Brian Proffitt to the Linux Foundation.  Amanda is the Linux Foundation&#8217;s Vice President, Marketing and Developer Programs, and posted the official welcome on Thursday at the Linux Foundation Web site here.</p>
<p>As I expect just about every reader of this blog knows, Brian has been the Managing Editor of LinuxToday for quite a few years (as well as Managing Editor of various other Jupiter Media properties: LinuxPlanet, Enterprise Linux Today, AllLinuxDevices, LinuxPR, and JustLinux).  If you missed it, you can find Brian&#8217;s  farewell column at LinuxToday here.  As he disclosed there, his new role will be to help launch the Linux Foundation&#8217;s new Linux Developer Network site and project, which Amanda has been already been working on for some time.  When it launches, Brian will be its Community Manager and Editor.</p>
<p>I&#8217;m particularly happy that I&#8217;ll be able to continue to work with Brian, as he has been a great friend to me here, linking to hundreds of my blog entries over the last several years.  It&#8217;s fair to say that many of you would never have learned of this blog but for Brian&#8217;s deciding that what I was writing here might be of interest to the Linux community.  I am quite appropriately grateful for his willingness to pull what I had to say out of the fire hose of information that he had to deal with on a daily basis.</p>
<p><a href="http://www.consortiuminfo.org/standardsblog/article.php?story=20080719085526692">Read the rest here</a></p>
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		<title>ISO TMB Recommends Rejection of OOXML Appeals</title>
		<link>http://linux-foundation.org/weblogs/legal/2008/07/09/iso-tmb-recommends-rejection-of-ooxml-appeals/</link>
		<comments>http://linux-foundation.org/weblogs/legal/2008/07/09/iso-tmb-recommends-rejection-of-ooxml-appeals/#comments</comments>
		<pubDate>Wed, 09 Jul 2008 16:22:23 +0000</pubDate>
		<dc:creator>Andy Updegrove</dc:creator>
		
		<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://linux-foundation.org/weblogs/legal/2008/07/09/iso-tmb-recommends-rejection-of-ooxml-appeals/</guid>
		<description><![CDATA[Last night someone sent me a copy of a document delivered by the CEOs of ISO and IEC earlier that day to the ISO Technical Management Board (TMB).   That documents summarizes the four appeals filed in relation to the adoption of DIS 29500 (OOXML), and provides a response to each claimed basis for [...]]]></description>
			<content:encoded><![CDATA[<p>Last night someone sent me a copy of a document delivered by the CEOs of ISO and IEC earlier that day to the ISO Technical Management Board (TMB).   That documents summarizes the four appeals filed in relation to the adoption of DIS 29500 (OOXML), and provides a response to each claimed basis for appeal.  Those appeals, you will recall, were registered by the National Bodies of South Africa, India, Venezuela and Brazil, not all of which have became publicly available.  Under the Directives, the next step in the Appeals process is for the TMB to vote on each appeal, with each member being entitled to vote yes, no or abstain on one or the other of the following resolutions, in each case as to each appeal separately:    </p>
<blockquote><p>a) Not to process the appeal further</p>
<p>    b) To process one or more of the appeals, which would require setting up of a conciliation panel</p></blockquote>
<p>If more than one appeal is approved for further consideration, the CEOs recommend that a single panel be formed to address them (I&#8217;ve previously described the ongoing process in greater detail here).  The TMB&#8217;s are asked to vote by August 4.</p>
<p>The recommendation of the CEOs is as follows:</p>
<blockquote><p>The processing of the ISO/IEC DIS 29500 project has been conducted in conformity with the ISO/IEC JTC 1 Directives, with decisions determined by the votes expressed by the relevant ISO and IEC national bodies under their own responsibility, and consequently, for the reasons mentioned above, the appeals should not be process further.
</p></blockquote>
<p>Those who have been disappointed by how the Fast Track process was conducted will also be disappointed by the reasoning they will find in the document, which can be effectively be summarized as follows: </p>
<p><a href="http://www.consortiuminfo.org/standardsblog/article.php?story=20080709060030380">Read the Rest</a></p>
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		<title>Post-Gates: Microsoft, Competition and the Semantic Web</title>
		<link>http://linux-foundation.org/weblogs/legal/2008/07/08/post-gates-microsoft-competition-and-the-semantic-web/</link>
		<comments>http://linux-foundation.org/weblogs/legal/2008/07/08/post-gates-microsoft-competition-and-the-semantic-web/#comments</comments>
		<pubDate>Wed, 09 Jul 2008 00:32:50 +0000</pubDate>
		<dc:creator>Andy Updegrove</dc:creator>
		
		<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://linux-foundation.org/weblogs/legal/2008/07/08/post-gates-microsoft-competition-and-the-semantic-web/</guid>
		<description><![CDATA[Microsoft has made many acquisitions for many reasons over its history - 122 to date, according to the list maintained at the Wikipedia.  Almost 100 of these have been consummated in the last decade, as the company that triumphed in operating system and office productivity software has sought (often unsuccessfully) to achieve similar success [...]]]></description>
			<content:encoded><![CDATA[<p>Microsoft has made many acquisitions for many reasons over its history - 122 to date, according to the list maintained at the Wikipedia.  Almost 100 of these have been consummated in the last decade, as the company that triumphed in operating system and office productivity software has sought (often unsuccessfully) to achieve similar success in other domains.  Other purchases have demonstrated pragmatic &#8220;build versus buy&#8221; decisions, serving to add functionalities to products that needed them more quickly and efficiently than in house efforts could achieve.</p>
<p>In its earlier days, Microsoft was much more likely to mimic the products of other companies rather than buy them, in part reflecting its engineering-driven culture, and in part its hardball approach to competition.  When it did add features this way, it invariably added them for free into its existing products to make them more desirable.  The result was often to drive the originators of those features out of the marketplace, since who would buy what they could get for free?  Sometimes, the motivation was more desperate, as with the crash development, and bundling, of Internet Explorer in Window, when Netscape threatened to open a critical breach in Microsoft&#8217;s control personal computing.</p>
<p>If that sounds vaguely familiar, it should, since Google is following the same course, albeit in a kinder, gentler way, as it adds service upon service, all for free, and all in the service of racking up more and more ad revenues.  That&#8217;s disturbing, because when your goal is ad revenues and not great technology, you may not necessarily produce great technology.  But as Google&#8217;s dominance continues to grow, who will be able to credibly compete against it in those technologies, to ensure that innovation continues?<br />
<a href="http://www.consortiuminfo.org/standardsblog/article.php?story=20080708052706429"><br />
Read more here</a></p>
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