RE: Next Steps for W3C Coremob - Restatement of Options, Task Force Proposal - Last Call

Bryan wrote:
> Please take a look at the Patent Licensing row in Ian's group 
> comparison: <http://www.w3.org/community/about/agreements/compare/> (NB 
> IGs vs. CGs).
> 
> IMHO, the IP commitment barrier for IGs is lower than CGs because there 
> is NO IP commitment required for IG participants.
> 
> <bryan> IG members have the same disclosure requirements as any member, and CG members have the same exclusion rights as WG members for any work taken up to REC-track by a WG - whether they join the WG or not. So there is really little difference - in either case there is no IP commitment required, given that disclosure-only (IG) and the right to exclusion (CG) amount to essentially the same thing.

Hi Bryan,

I wanted to comment on your conclusion. Here is why I think that the policies for IGs and CGs do not
amount to the same thing:

* In an IG you have no patent licensing commitment, in a CG you do. I believe that IPR departments of
companies treat those cases differently, even if you say to them "yes, but we can exclude later."
When I talk to people about their IPR departments, I am told that IPR departments typically want to have
a discussion when patent commitments are involved. Furthermore, exclusion is also something that
requires time, attention, and an internal decision. It also make public information about your patent
portfolio you might not have otherwise shared.

* Secondly, when you join a CG you set a social expectation that you will be licensing essential
claims RF, even though you retain the right to exclude later. People should NOT think that it's
ok to say "We'll I don't really have an RF commitment since I can exclude later if the work moves
to a WG." That perspective would be contrary to the community's expectation, and if patent claims
licensed in a CG are excluded in a WG without very good reason, that will be extremely disruptive 
to the specification in question. I don't think companies like this sort of publicity.

Ian

--
Ian Jacobs (ij@w3.org)    http://www.w3.org/People/Jacobs/
Tel:                                      +1 718 260 9447

Received on Friday, 29 March 2013 20:53:16 UTC