Several of the major industry players in developing and promoting
WiMax have formed the
Open Patent Alliance (PDF release). They are aggregating and
pooling all their various patents, and are going to use a neutral
third party investigator to look at any additional patents and
companies to see which should be included and how to license all
the various patents.
.."The patent pool will aggregate essential patent rights
needed to implement the WiMAX standard as defined by the WiMAX
Forum and the IEEE 802.16e standard. To help ensure product
differentiation and interoperability at a more predictable cost,
this approach will focus on providing a more competitive royalty
structure by charging only for the features required to develop
WiMAX products. The patent pool will incorporate a variety of
royalty licensing solutions, including accounting for
cross-licensing among individual members within the pool...
But Qualcomm's a
notable abstentee. Without Qualcomm, it's questionable
this is of much use, they own huge amounts of ODFM patents, and
they're one of the most litigious IP companies in the world.
The one positive thing is that Qualcomm is, reluctantly, backing
LTE, which WiMax is an unnecessary competitor to (WiMax offers no
advantages over LTE, it's just incompatible, and not fully
featured enough to be even in the running as far as most telcos
go.) So Qualcomm's absense may, in the end, sink WiMAX before
we have a pointless HD DVD vs Blu-ray type thing, exept this time
the superior technology will win out.
I don't think WiFi vs. LTE is in the class as HD DVD vs
Blu-ray. The disc format war was about a physical item that
could not easily be upgraded once in the market. WiFi vs.
LTE will be handled by software radio. We don't need to
choose since we can have both.
It remains to be seen how big a speed bump OFDM patents
are. The
CSIRO patent, which describes the OFDM technology on which
most wireless computer networks are based, was filed in November
1993. To hold water Qalcomm's patents would have to
preceed this date, in which case they have only five years to
run. MIMO patents might be a bigger worry, but even there
the technology is now almost 15 years old. Talk to a radio
astronomer about MIMO and their response is "we've been
doing that for ages". I suspect a dig through the
radio astronomy literature would yield a lot of prior art for
MIMO.
Before the end of the HD DVD vs Blu-ray war, it became
increasingly clear that the cost of making a drive that supported
both formats wasn't substantially different than one that
supported only one. The rest is "just software". So, in
the end, there was no real reason why we couldn't have ended
up with an ecosystem where both were supported by the majority of
players, just as DVD+R and DVD-R are today. This wasn't seen
as an option primarily for political reasons: both sides decided
not to cooperate with one another and both wanted control over
the hi-def media market. The result is a disaster, with Blu-ray -
essentially a format with no real viability thanks to the
incorporation of BD+ - being the "format of choice".
(Given this is Technocrat, I should probably point out it's a
disaster for the Free Software community too: patents aside -
which is only an issue in countries that mandate them - it was
possible to produce Free (FSF definition) HD DVDs that could be
played in regular HD DVD players and on boxes running only free
software. This is not - and never will be - possible with
Blu-ray, which mandates AACS on everything.)
As far as WiMAX vs LTE goes, software upgradability as a
technical possibility isn't a panacea and is unlikely to have
much effect. WiMAX and LTE devices will be made with different
assumptions. Hardware manufacturers are unlikely to go to Sprint
and say "Ok, you've figured out WiMAX is a dud,
here's firmware updates for all 100 devices we sold you that
will reconfigure them as LTE devices." Even if they did,
Sprint would have to upgrade their entire infrastucture and make
sure both networks are on at the same time during the transition.
If hardware manufacturers were that amenable, then standards like
UMA would have taken off as every GSM phone that supports
Bluetooth would have had a firmware update supporting
UMA-over-bluetooth pushed to it.
Qualcomm's patents may or may not be valid, but they'll
still push them, and they know what they're doing. CDMA was
hardly a particularly original technology at the time Qualcomm
set the standards - what Qualcomm did was put the work into
demonstrating the technology was viable and in the process
patented numerous aspects of the technology that are revealed to
be necessary when you actually make a workable system. Qualcomm
took over one of the leaders in development of OFDM-over-radio a
few years ago (I forget the name), and the probability is that
they have a portfolio of patents just as valid as those they hold
over CDMA. It sucks, but there you have it.
WiMax Open Patent Alliance
Several of the major industry players in developing and promoting WiMax have formed the Open Patent Alliance (PDF release). They are aggregating and pooling all their various patents, and are going to use a neutral third party investigator to look at any additional patents and companies to see which should be included and how to license all the various patents.
.."The patent pool will aggregate essential patent rights needed to implement the WiMAX standard as defined by the WiMAX Forum and the IEEE 802.16e standard. To help ensure product differentiation and interoperability at a more predictable cost, this approach will focus on providing a more competitive royalty structure by charging only for the features required to develop WiMAX products. The patent pool will incorporate a variety of royalty licensing solutions, including accounting for cross-licensing among individual members within the pool...