- From: Leon Harris <leon@quoll.com>
- Date: Sun, 30 Sep 2001 21:59:35 +0800
- To: www-patentpolicy-comment@w3.org
This is a very poor idea. It makes it harder for small companies and talented developers, while increasing the power of the larger companies to unacceptable levels. Since the market power of the larger companies increases at a rate which is faster than the rate that they contribute technological inovation to the marketplace ( compare the proportion of IT patents MS owns to its market share) , you are engineering a system that will run on a winner-take-all basis. After a company has reached a critical mass of patents in a particular area ( say desktop end user software) it could gain the ability to suppress and direct development in separate but related areas. By taking a salami approach to their patenting ( patenting the technology into the largest number of small units possible ) they can slow the R&D of any competitor who needs to use these components, and in addition get market intelegence of their competitiors upcoming innovation, theirby gaining the chance to scoop them. This suppresses inovation, and creativity, and damages the software and IT markets. My big problem with W3C is why it would consider this ? As I see it, the current marketplace requires standards and certification of each major new technology, in order for that technology to penetrate into the market. The big guys need W3C to endorse them. Do you remember the bums rush we all gave proprietary format email software when RFC821 software started shipping ? Do you remember how cautious we all were to make sure that our apps were all standards compliant ? The limiting factor in deployment of technology to the market place is still finding the technical talent to implement it. That means generally small IT companies servicing small to medium business. This hurts that sector of the market. The requirement of fees for access to http and html standards would have slowed the uptake of these - we would probably still be using gopher - because it was mostly good enough - and a slew of 3rd partly approaches to render content gopher could deliver in a more friendly manner. Each would be slightly different, interoperability would be affected, and the market would be a worse place. Now it is patently obvious that current governments cannot regulate anticompetative activity when faced with large companies: The US govt has miserably failed against Microsoft - they just are unable to withstand the political heat that a large corporation can bring against them ( can you say campaign donation?). This isn't a one off either - the Australian govt has failed miserably in its prevention of dumping and anticompetative behaviour in the airline industry, thereby resulting in the collapse of a national airline (Impulse). So why are you at the W3C giving in ? You have great negotiating power. I wonder, has this just come out of the blue or is it part of a years-long campaign by some of your members. Once one big company starts playing hardball with patents, you end up with a patent race - ie everyone has to play hardball. Put it another way - when one of the guests at the party turns off the music, everyone must scramble for the chairs, and anyone without enough patent mass to participate doesn't get to sit down and is liable to be excluded from playing in the game. Fewer players, less diversity, less incentive to innovate. In this case, the rate of innovation gets determined by the lifespan of the patent protection. Scary. I hope you chose wisely.
Received on Sunday, 30 September 2001 09:59:41 UTC