- From: Stephen Drye <stephen@drye.com>
- Date: Sun, 30 Sep 2001 16:43:02 -0400
- To: www-patentpolicy-comment@w3.org
The Patent Policy Working Group's FAQ contains this point with respect to RAND patent terms: * "may be conditioned on payment of reasonable, non-discriminatory royalties or fees;" The term "non-discriminatory" effectively makes RAND patent terms impossible in the context of an World Wide Web that includes open source and free software. This is immediately apparent, since software created and distributed for no renumeration cannot afford _any_ royalties. As such, it is impossible for a patent to require royalties and still be provided on "non-discriminatory" terms to _all_ interested parties. Unless the W3C wishes to explicitly take the position that open source or free implementations of its specifications are no longer wanted or supported by the W3C thay may wish to reconsider the allowance of RAND patents. Since the Web became prevalent due to the work of the free software community (NCSA Mosaic), and has become widespread due to the work of the open source community (Apache), it would be disheartening for the W3C to take this position. Stephen Drye
Received on Sunday, 30 September 2001 16:39:28 UTC