- From: Daniel L Speyer <dspeyer@wam.umd.edu>
- Date: Sun, 30 Sep 2001 19:39:10 -0400 (EDT)
- To: www-patentpolicy-comment@w3.org
The W3C is presently considering a policy that would permit patented technologies in standards so long as they are licensed under "Reasonable And Non-Discriminitory" terms. This policy would be disaster for the internet (which has thrived on entirely open standards while proprietary networking technologies collapsed) and a violation of W3C's stated goals and principles: * UNIVERSAL ACCESS: To make the Web accessible to all by promoting technologies that take into account the vast differences in culture, education, ability, material resources, and physical limitations of users on all continents Consider a technology that would add $1.50 to the annual TCO of running a webserver (irrespective of volume, purpose, etc.). This would probably be considered a RAND license. This might be prohibitively high for most residents of Kenya, or some small charities, or many dependant children. These groups (and others) would be blocked off the web, even though they may have a great deal to contribute culturally and substantively. Perhaps most important, it would block casual users, who at present say 'hey, the Redhat installer set up Apache for me, what the explitive, I'll try it out' and sometimes become significant, but who would not become involved if there were licensing obstacles. You may think that micropayments cannot act as selective disenfranchisement, but consider the history of poll taxes in the U.S. I do not accuse you of having the same motives, but I fear you may have the same effects. * SEMANTIC WEB : To develop a software environment that permits each user to make the best use of the resources available on the Web Many web users make use of scripts of various sorts (from one-line bash scripts full of lynx commands to thousand-line PERL programs) to more usefully use the content of the web. I myself have used awk and sed to create and interpret HTML documents, and I certainly could not have applied for developer licenses in order to do so. To put it simply: a pattent on HTML would have made it illegal or unfeasible for me to make full use of existing web resources. * WEB OF TRUST : To guide the Web's development with careful consideration for the novel legal, commercial, and social issues raised by this technology Software pattent law is unfinished and in desperate need of reform. Many would argue that it is in need of illimination (I need not reproduce the arguements here, anyone who is unfamiliar with the arguments is encouraged to read http://lpf.ai.mit.edu/Patents/against-software-patents.html by the League for Programming Freedom). In any case, as a standards body, the W3C should keep away from such potential landmines, and as a body of software engineers, it should not appear to endorse such an inadequate legal system. * INTEROPERABILITY: Specifications for the Web's languages and protocols must be compatible with one another and allow (any) hardware and software used to access the Web to work together. The use of patented protocols would block out all the groups described earlier, as well as those who have ideological objections to pattents (such as the Free Software Foundation, a very important entity in computing). * EVOULTION: The Web must be able to accommodate future technologies. Design principles such as simplicity, modularity, and extensibility will increase the chances that the Web will work with emerging technologies such as mobile Web devices and digital television, as well as others to come. A patented technology evolves only with the consent of the patent holder. Suppose a corporation holding a patent on a critical web technology judges (probably correctly) that the web is becoming a threat to some other profit center. They would probably refuse to develop a second version of the technology that was useful to the threatening application. So long as the patent lasted, no one else would be able to, either. * DECENTRALIZATION: Decentralization is without a doubt the newest principle and most difficult to apply. To allow the Web to "scale" to worldwide proportions while resisting errors and breakdowns, the architecture(like the Internet) must limit or eliminate dependencies on central registries. I outlined above how a single patent holder could block web development by malevalence. But it could happen just as easily through incompetence. Some would doubt that a company could simply miss the applications of a patent so totally as to not develop (or permit to be developed) a needed technology, but in truth the history of computing is littered with companies quite this blind (or, in many cases, with those companies' remains, not that that would help us any). Even in less extreme cases, patent entaglements could easily delay a standard for a month, or a month *per patent*, which could lead to W3C standards consistently emerging too late to do any good. Avoiding reliance on a single node is a good design principle. It's also a good meta-design principle. Presumably the purpose of RAND is to benefit from superior (patented) technologies. However, a list of such technologies would be difficult to assemble. GIF comes to mind, but PNG is quite thoroughly equivalent, and the precedent is not ecouraging (http://www.gnu.org/philosophy/gif.html). The internet has surpassed proprietary networking technologies for thirty years and has had no difficulty in evolving and innovating. With the free software/open source movement stronger than ever, there is no reason to expect problems now. I sincerely hope that you will remain true to your goals and principles, and reject the proposed policy. --Daniel Speyer "May the /src be with you, always"
Received on Sunday, 30 September 2001 19:39:12 UTC