- From: Ed Warnicke <hagbard@physics.rutgers.edu>
- Date: 30 Sep 2001 13:39:34 -0400
- To: www-patentpolicy-comment@w3.org
I am writing to object to the W3C proposal to allow RAND ( Reasonable and Non-discriminatory ) licensing of patents related to W3C standards. So called RAND licenses are not in fact non-discriminatory They require the payment of royalties in exchange for the right to implement the standard. This constitutes a barrier to entry for those who wish to partiticpate in implementing a standard. This intrinsically discriminates against academic researchers, students, and open source developers, none of whom can afford any meaningful royalty payment. Just because a patent licensing scheme is uniform does not make it non-discriminatory. The effect of the proposed RAND policy upon W3C standards will be to insure that they are A) Implemented less frequently due to fear of reprisal from patent holders. Fewer implementations invariably mean less standards compliance on the part of implementers as it becomes easier to simply interoperate with a few participants than to adhere to the actual standard, thus undermining the very point of having a standard. B) Lead to less innovation as the academic researcher and open source developers are frozen out. Please note that the majority of durable innovations on the Internet (TCP/IP, HTTP, SMTP, Mosaic, etc ) where brought about by these groups. To attach discriminatory terms of any kind ( including royalty bearing patent encumberance ) to a standard greatly reduces its value and the standing of the body which puts forward that standard. The W3C is approaching a crossroads where it can either choose to go the route of the ITU or the way of the IETF. The ITU is a closed standards body, used primarily as a means for corporations to jocky for position. It tends to produce highly fragmented results. The IETF by contrast is an open standards body and tends to produce relatively ( in the end ) unified standards. I urge the W3C to remain and open standards body and reject the RAND proposal. Ed Warnicke
Received on Sunday, 30 September 2001 13:39:25 UTC