- From: Chris Lilley <chris@w3.org>
- Date: Wed, 10 Oct 2001 23:50:07 +0200
- To: Jason Antony <s1118355@student.gu.edu.au>
- CC: www-patentpolicy-comment@w3.org
Jason Antony wrote: > <quote> > 3.shall not be considered accepted by an implementer who manifests > an intent not to accept the terms of the Royalty-Free License as > offered by the licensor. > </quote> > My query is: what if a licensor offers its technology on the proviso > that it cannot be used on opensource operating systems, for > instance? Will a port to that platform violate the license and > render them liable for damages? Two separate issues. First, you missed the intent of this clause, and second, you added a 'what if' clause which cannot apply. To deal with the first - this clause means that the RF license only applies to those who give an RF license as well and do not break the terms of the RF license (which is a RAND license with zero fees). That means that a) anyone giving a RAND license is at a disadvantage - the RF license of the licensor does not apply to them; they have to negotiate their licenses (possibly involving fees) for what everyone else is getting for free. b) anyone sueing the licensor for patent infringement related to the spec in question breaks the license and thus, the RF terms no longer apply to them. So in other words, clause 3 is a good thing. Second - you asked what if a licensor offers its technology on the proviso that it cannot be used on opensource operating systems? Well in that case it is neither an W3C RF license nor a W3C RAND license, but is some other license and you should ask them. Please see the clause 6 of the RAND license: > 6. may not impose any further conditions or restrictions on the use of any technology, intellectual property rights, or other restrictions on behavior of the licensee,[...] Then see the definition of RF license "shall have the same characteristics as a RAND License, except that" Since clauses one two and three of the exceptions do not invalidate clause 6, it applies to RF licenses as well. Thus, it is not possible for a W3C RF or RAND license to include the restriction that you mentioned. -- Chris
Received on Wednesday, 10 October 2001 17:56:41 UTC