Here in Norway, the Ministry of Government Administration, Reform and Church Affairs is behind a directory of standards that are recommended or mandatory for use by the government. When the directory was created, the people behind it made an effort to ensure that everyone would be able to implement the standards and compete on equal terms to supply software and solutions to the government. Free software and non-free software could compete on the same level.
But recently, some standards with RAND (Reasonable And Non-Discriminatory) terms have made their way into the directory. And while this might not sound too bad, the fact is that standard specifications with RAND terms often block free software from implementing them. The reasonable part of RAND mean that the cost per user/unit is low,and the non-discriminatory part mean that everyone willing to pay will get a license. Both sound great in theory. In practice, to get such license one need to be able to count users, and be able to pay a small amount of money per unit or user. By definition, users of free software do not need to register their use. So counting users or units is not possible for free software projects. And given that people will use the software without handing any money to the author, it is not really economically possible for a free software author to pay a small amount of money to license the rights to implement a standard when the income available is zero. The result in these situations is that free software are locked out from implementing standards with RAND terms.
Because of this, when I see someone claiming the terms of a standard is reasonable and non-discriminatory, all I can think of is how this really is non-reasonable and discriminatory. Because free software developers are working in a global market, it does not really help to know that software patents are not supposed to be enforceable in Norway. The patent regimes in other countries affect us even here. I really hope the people behind the standard directory will pay more attention to these issues in the future.
You can find more on the issues with RAND, FRAND and RAND-Z terms from Simon Phipps (RAND: Not So Reasonable?).
Update 2012-04-21: Just came across a blog post from Glyn Moody over at Computer World UK warning about the same issue, and urging people to speak out to the UK government. I can only urge Norwegian users to do the same for the hearing taking place at the moment (respond before 2012-04-27). It proposes to require video conferencing standards including specifications with RAND terms.