- From: Brad Herman <bradh@uclink4.berkeley.edu>
- Date: Fri, 12 Oct 2001 14:25:11 -0700
- To: www-patentpolicy-comment@w3.org
To Whom It May Concern: The W3C mission statement asserts that "By promoting interoperability and encouraging an open forum for discussion, W3C commits to leading the technical evolution of the web." I hope the consortium recognizes that the web's technical evolution also involves the legal and political environment it develops in. As such, the logical question to ask sounds like: is the W3C committed to leading the evolution of these non-technical aspects of the web to ensure that the web develops towards W3C goals (including universal access, interoperability, and decentralization)? Or, as the proposed RAND policy indicates, does the consortium abdicate its leadership role in the relevant social/political arena and accept the "industry" status quo, especially on something as important as the treatment of intellectual property in standards? I believe that, as one of the few democratic and non-profit organizations in a position to do so (and those are very important qualities in arbiting the future of something as important and world-wide as the web can be), the W3C should take an active and normative role in the development of that political, legal, and fundamentally social environment from which the technical aspects of the Web grow. That said, I applaud the consortium's efforts towards full disclosure for patents essential to standards and well as its past emphasis on royalty free licensing of such technologies. My strongest objections are aimed at the proposed provisions for RAND licensing. As others before me have pointed out, this euphemism hides a direct threat to the interoperability (as even 'reasonable' fees will prevent adoption of RAND-licensed technology in standards), openness (on the face of it, allowing even non-discriminatory licensing closes off parts of those standards), and decentralization that will allow the Web to continue to grow as a common arena for discussion and expression. The proposed RAND-licensing mode will move the environment in which the web develops technically away from W3C goals like openness, interoperability, and decentralization. These are values that I share and that I believe are still good guides to the development of the Web. Rather than capitulate and accept the attitude, promoted by those who stand to gain royalties and power from software patents, that such patents are here to stay and must be dealt with in web standards, the consortium should act to keep web standards free from such patents by refusing to allow patents that are not royalty-free. Sincerely, Bradley Herman. Web Developer; The University of California at Berkeley.
Received on Friday, 12 October 2001 17:26:03 UTC