At issue is a Motorola patent for cellular data transmission, part of wireless data transmission standards that are encumbered by an agreement to license the patent on "fair, reasonable, and non-discriminatory" terms.
Those agreements state that if the patented technology is included in a standard, the patent holders agree to license the technology on fair, reasonable, and non-discriminatory terms.
Other patent holders have assured ISO that they are willing to negotiate licenses under reasonable and non-discriminatory terms and conditions with applicants through the world.
Instead, Sky must make the channels available on "fair, reasonable and non-discriminatory terms".
A Dutch court ruled that standards agreements require Samsung to negotiate licensing for the patented technology, used in 3G networking, on fair, reasonable, and non-discriminatory terms.
To help to promote future innovation Ofcom has not set wholesale prices for the HD channels but requires them to be offered on fair, reasonable and non-discriminatory terms.
ECMA and ISO require that all patents essential to implementation be made available under "reasonable and non-discriminatory (RAND) terms."
They were ultimately judicially compelled to license their IGR Stereo standard on non-discriminatory terms, a judgement which has been quoted as an example of law against anticompetitive abuses.
First, the provision of Article 6 of the access and interconnection directive guarantees all broadcasters access to conditional access systems on fair, reasonable and non-discriminatory terms.
There are provisions in this regulation to open up access, to make access available on fair reasonable and non-discriminatory terms, again key words we should be thinking about in any context, particularly in media.