- From: Tom Bryan <tbryan@python.net>
- Date: Sun, 30 Sep 2001 15:26:41 +0500
- To: www-patentpolicy-comment@w3.org
I have read most of the draft of the W3C Patent Policy Framework at http://www.w3.org/TR/patent-policy/. I am particularly concerned by this statement from the FAQ at http://www.w3.org/2001/08/16-PP-FAQ: "If the ACR fails to respond to requests for patent disclosures, by default, they will commit their Member company to license all Essential Claims needed to implement W3C recommendations on at least RAND terms. This is true whether any personnel from the Member company participates in a WG or not." While I understand that the intent is to ensure that patent holders do not refuse to license technology that is necessary to implement the standard, it leaves open the possibility that those implementing a standard would be subject to royalty fees after they have developed their software. As my company moves toward an increasing reliance on W3C standards (particularly those developed by the XML Working Group), I am concerned that in adopting future standards, we could be forced to pay royalty fees retroactively. Patent holders have little incentive to disclose their patent information during the development of a draft if they can charge fees after the draft becomes a Recommendation and is implemented. While my company relies on W3C standards for increased interoperability, the possibility of hidden royalty fees may lead us to develop our own technologies with our direct partners instead of relying on a W3C standard. If many organizations choose this strategy, then interoperability, one of the main points of the W3C (http://www.w3.org/Consortium/Points/), would suffer. I ask you to extend the comment period for this draft and publicize its development more widely or at least to change the default licensing of undisclosed patents to a royalty free license. In six weeks, I see fewer than 400 comments on a very important policy change by the W3C. I know that some of my friends who work in non-profit technology organizations were concerned by this policy. They tend to follow such news, but they had not heard of this draft. Tom Bryan Senior Software Engineer, Itron
Received on Sunday, 30 September 2001 15:18:12 UTC