- From: Steve Waldman <swaldman@mchange.com>
- Date: Fri, 05 Oct 2001 21:43:39 +0200
- To: www-patentpolicy-comment@w3.org
I thank the W3C Patent Policy Working Group for their work in taking on
a very challenging and contentious set of issues. However, I oppose the
draft policy in its current form.
The Draft Framework seems motivated by two very laudable goals:
1) Clarity - The ubiquity of software patents present implementers
of W3C standards with the uncertain hazard of
unintentional infringement. A policy that diminishes
this hazard by ensuring implementors know "up front"
where patented technology will be essential and under
what terms they may use this technology without
infringing is certainly desirable.
2) Excellence - Ideally W3C standards ought to represent the best
possible approach to whatever problem W3C is
attempting to solve, irrespective of patent
considerations.
The draft PPF requires disclosure of relevant patents and explicit
statements regarding licensing in an attempt to create greater clarity
about the impact of any patents on a WWC proposal. It allows for
specifications to be developed that require the use of patented
technology, in pursuit of excellence.
There is another W3C goal that the proposal addresses, primarily
implicitly and unfortunately inadequately. That, of course, is the goal
of openness. The draft PPF acknowledges that specifications that require
patented technology are by definition not free and open. It attempts to
balance openness and excellence by requiring patented technology be made
available to all comers under one of two sets of terms it deems
acceptable, "Royalty Free" or "RAND" ("Reasonable and Nondiscriminatory").
Many writers have argued forcefully why "RAND" terms are insufficiently
open to be of use to large and important comunities of World Wide Web
stakeholders. I won't rehash those arguments, but I agree with them. For
these communities, there is no balance at all here between openness and
excellence: however technologically excellent the standard, RAND
specifications will be closed off, out of reach, and of no use, to many
people. Such specifications could potentially cause great harm by
fragmenting and misdirecting the energies of the larger WWW community.
There are other ways that W3C might attain sufficient lattitude to
produce excellent standards without excluding important communities from
the use of those standards. Alternative approaches exist that might
displease some patent holders, but that do not infringe upon their legal
rights, and that exclude no one. W3C must show the courage to put the
interests of the larger WWW community above the preferences of a small
but powerful group of stakeholders.
A concrete alternative to the current draft follows as part two of this
comment.
respectfully,
Steve Waldman
Received on Friday, 5 October 2001 14:42:54 UTC