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Importantly, interoperability should not be defined in such a way as to require “interchangeability” or “cloning” of products or systems, i.e., the creation of a piece of software or IT system that functions as the same product rather than two different products “talking” to one another. As two U.S. courts recently made clear, such an overreaching definition of interoperability would discourage parties from developing competing, yet interoperable, implementations and thereby result in a static homogeneity of products and services, which, in turn, would significantly impede innovation, competition, and consumer choice. Interoperability, by contrast, allows different kinds of software and systems (and developers) to do what they do best ? thereby fostering creativity, innovation, competition, and enhanced consumer choice ? while at the same time ensuring that such different software and systems can communicate to exchange data with one another.