Patents within standards

I am writing in opposition to the suggestion of incorporating patented 
technologies into W3C standards.  In responding to previous comments, W3C 
has cited similar allowances within standards written by other 
organizations.  This was done with no evidence that said allowanced actually 
resulted in any beneficial use of patented technologies.  I would challenge 
W3C to work around patents, not incorporate them.  Even more, why not 
explicitly state that W3C will seek ways to accomplish standards' objectives 
WITHOUT incorporating patented technologies.  In so doing, W3C may 
disincentivize the patenting of trivial innovation so that more broad-based 
acceptance by the developer community may occur.  Otherwise, the W3C risks 
alienating entire segments of the developer community and the appearance of 
"patent-free" competing standards.

The RAND policy has been protrayed in a rather trivial since within the 
proposal in my opinion.  I doubt sincerely that the W3C wishes to insert 
itself into arbitration procedings to determine what, in a development 
situation, is "reasonable".  Rather than make standards adoption easier and 
innovation more widely implemented, much time and energy will be spent on 
licensing and fair use disputes inevitably arising from this policy.

Please reconsider this policy.  I would encourage you to not only scrap this 
policy, but also to adopt one that is 180 degrees in nature.  If the W3C 
finds it necessary to address the issue of patented technology, please join 
developers in saying "no".  Leave the decision of incorporating patented 
technology to the individual developer.

Thank you,
Michael Atkins
Nashville, TN, USA

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Received on Tuesday, 2 October 2001 10:14:35 UTC