- From: Itamar Shtull-Trauring <itamar@zoteca.com>
- Date: Fri, 05 Oct 2001 12:48:05 +0200
- To: www-patentpolicy-comment@w3.org
dis·crim·i·na·to·ry
1. Marked by or showing prejudice; biased.
2. Making distinctions.
The Web has always been an open place - anyone who wanted to could build
a site. Anyone who wanted to could build software that complies with the
Web's standards. As a result much of the software powering the Web (and
the Internet today) is free, and open source. The web was a democratic
place - publishing content and viewing content could be done without
having to pay large fees or have the right connection. Yet now you are
starting a policy that will make all this a thing of the past.
Now, right away you say - "we said *reasonable* and *non-discriminatory*
fee". Well, that is not accurate. Large parts of the world are *poor*.
The per capita GDP of the USA is $36,200. Not bad, right? Well, India
(with how many hundreds of millions of people?) has a per capita GDP of
$1,720.
Now, software and hardware is just not that affordable when that's the
kind of money you have - so you go for the cheapest alternatives, and
that means open source. Since open source software has always been able
to interoperate quite well and support the web standards, this not a
problem.
For example, in India Simputer has designed a $200 computer running
Linux in order to bring computing to the masses -
http://alllinuxdevices.com/news_story.php3?ltsn=2001-09-24-001-03-IN-HH
- and there are other countries and people doing this sort of thing.
Now, your RAND policy says
(http://www.w3.org/TR/2001/WD-patent-policy-20010816/#def-RAND):
"1. shall be available to all implementers worldwide, whether or not
they are W3C Members;"
and
"5 may be conditioned on payment of reasonable, non-discriminatory
royalties or fees;"
I contend that the only truly reasonable, non-discriminatory policy is
royalty free. Open source software will *not* be able to pay any sort of
fee (will the author pay the fee for each user that downloads the
software?) nor, even more importantly, will people in 3rd world
countries be able to afford the commercial software that will be
avialable. And since the software will not be available for free, they
will be cut off from using these supposedly "non-discriminatory" standards.
Consider the BSA's report on software piracy -
http://www.bsa.org/resources/2001-05-21.55.pdf. There is a clear
correlation between a poor economy and high software piracy. This is
because *people can't afford to pay for the software*, no matter how
cheap it is.
As for the idea that the companies involved might be willing to allow
the poor of the world to have access to computing? Somehow I think not -
consider Microsoft's behavior when a charity loaded Windows 95 on
computers it was donating - Microsoft said it would only agree for this
to be done on 150 computers, and the hundreds of other computers' OS
would have to be payed for (even though, since these were refurbished
computers and defunt software there was no loss of revenue). This was
done in order to "protect innovation". The charity switched to using Linux:
http://www.thestandard.com.au/articles/display/0,1449,14771,00.html?1447
http://www.zdnet.com.au/newstech/news/story/0,2000025345,20255277-1,00.htm
So, when you say "reasonable and non-discriminatory", that can only mean
one of two things:
1. Royalty-free, allowing *everyone* to use the standards.
2. A policy that discriminates against those who cannot afford to pay
for the privilige of using these standards - and this includes literally
billions of people.
--
Itamar Shtull-Trauring
Chief Technical Architect @ Zoteca
Received on Friday, 5 October 2001 06:50:31 UTC