Open source advocates are raising a stink about a new OASIS patent usage policy that allows for RAND (Reasonable and Non-Discriminataory) terms to be used as an option in use of intellectual property.Dignitaries such as Marten Mickos, Mitchell Kapor and Brian Behlendorf have signed onto a letter being distributed by email that protests the policy.The letter states, “The free and open source software community has long demanded that industry standards be freely available to all to implement without patent or other licensing encumbrances. Open standards are essential for free software and open source to thrive. “Now OASIS, a major industry consortium that produces e-business and Web services standards, has adopted a patent policy that threatens to undermine our development and licensing model. This patent policy permits standards to be based upon so-called ‘reasonable and non-discriminatory’ patent license terms – terms which invariably and unreasonably discriminate against open source and free software to the point of prohibiting them entirely.“It would lead to the adoption of standards that cannot be implemented in open source and free software, that cannot be distributed under our licenses.”So much for OASIS simply trying to be accommodating to the multiple forms of intellectual property usage terms. OASIS, in a prepared statement, explained its logic.“The policy clearly acknowledges the importance of creating royalty-free standards by providing two RF modes, while still allowing for work to be done under RAND terms when members prefer that option,” explained Patrick Gannon, president and CEO of OASIS. “While nearly all OASIS Standards can be implemented today on a royalty-free basis, the revised IPR Policy helps to clarify our open standards process and assure implementers worldwide that OASIS Standards can be adopted with confidence.”Bruce Perens, one of the signatories to the letter, said in an interview he believes companies such as Microsoft pressured OASIS to allow for RAND terms. “I think Microsoft feels that software patenting is the only way they can hold back open source,” Perens said. “The important thing to realize is that a royalty-free policy is best,” providing for an even playing field for small and large companies, he said. Microsoft and OASIS could not be reached for an immediate response this morning. It does seem a bit unrealistic to think that all intellectual property is go-ing to be made available free of charge at all times. There are just too many players and interests involved.While the open source advocates certainly are steadfast in their cause, it might not be a bad idea for them to lighten up and wait a bit to see exactly how the OASIS policy plays out for a few months.By Paul Krill Technology Industry