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Objections to RAND Licensing Mode activities

From: Steven W McDougall <swmcd@world.std.com>
Date: Wed, 10 Oct 2001 22:04:42 -0400 (EDT)
Message-Id: <200110110204.WAA27945@world.std.com>
To: www-patentpolicy-comment@w3.org
The W3C should *not* create a procedure for launching new standards
development activities as Reasonable and Non-Discriminatory (RAND)
Licensing Mode activities. Here's why


1. It is unnecessary
When no one controls a technology--for example, because it is
unpatented--then anyone one may implement it. The W3C creates
standards so that different implementations may interoperate.

When a company has patented a technology, then that company controls
all implementations of the technology. The patent holder can
unilaterally ensure interoperability, either by restricting the number
of implementations, or by dictating standards itself.

You don't need a standards body to write standards for a patented
technology.


2. It is unfair
A standards body is a forum where the costs of creating a standard may
be shared by many of the people who will benefit from the standard.

When one company licenses the technology underlying a standard--even
on RAND terms--that company unfairly benefits from the efforts of all.
As the beneficiary of a patent, the patent holder should bear all costs
of creating standards for the use of that patent.

Writing standards for someone else's patent is a sucker's game.


- SWM
Received on Wednesday, 10 October 2001 22:04:44 GMT

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