- From: Seth Johnson <seth.johnson@realmeasures.dyndns.org>
- Date: Sat, 13 Apr 2002 15:23:01 -0400
- To: C-FIT_Community@realmeasures.dyndns.org, C-FIT_Release_Community@realmeasures.dyndns.org, fairuse-discuss@mrbrklyn.com, patents@aful.org
- CC: www-patentpolicy-comment@w3.org, usenet@consulting.net.nz
http://techupdate.zdnet.com/techupdate/stories/main/0,14179,2861123-2,00.html IBM, Microsoft plot Net takeover: HP withdraws support By David Berlind April 11, 2002 Against the backdrop of the W3C's emerging plan to adopt a primarily royalty-free-based patent policy, the royalty-free vs. RAND controversy reached full boil last October when Hewlett-Packard withdrew its support as a sponsor of IBM and Microsoft's W3C WSDL submission on the basis that WSDL might not be royalty-free. According to a statement by HP's director of standards and industry initiatives and W3C advisory committee representative Jim Bell, "HP resigned as a co-submitter of the otherwise excellent Web Services Description Language (WSDL) proposal to W3C solely because other authors refused to let that proposal be royalty free." According to the W3C's Weitzner, "the Internet community, which includes developers and users, has voiced their opposition and the W3C is responding with a policy that enforces a royalty-free framework in all situations with few exceptions, and Web services isn't one of them." While that policy is still in draft form, certain W3C documents are beginning to indicate the organization's adoption of that position. For example, the W3C's XML Protocol Working Group Charter contains the following text in its intellectual property section: "Any intellectual property essential to implement specifications produced by this Activity must be at least available for licensing on a royalty-free basis." In its coverage of the controversy, Linux Today's version of Bell's statement includes a statement from W3C director Tim Berners-Lee declaring Web services protocols like WSDL to be common infrastructure protocols to which the royalty-free licensing framework should apply. Weitzner also acknowledges that, in addition to HP, Apple and Sun are wholeheartedly behind the royalty-free movement too. According to Sun's Manager of XML Industry Initiatives Simon Nicholson, "Anyone should be able to use the specifications that define the Internet infrastructure without charge. We believe the best route to ensuring this is that such specs be licensed under royalty free terms." Sun backed that position up when it relinquished a set of IP rights it had--a move that cleared the way for the royalty-free use of the W3C standard for Xlink. IBM: patent defense IBM and Microsoft, however, appear to be digging in their heels with respect to the contributions they have been making to the standards process. In a document filed with the W3C, IBM opposed the move to a royalty-free-only framework partially on the basis that companies must be allowed to maintain their patents in order to defend themselves against potential patent infringement suits by other companies. Nevertheless, the mounting pressure over the WSDL protocol apparently worked. When asked if IBM planned to make its contributions to the various Web services protocols available on a royalty-free-basis, IBM's Director for eBusiness Standards Strategy Bob Sutor said, "The one I can respond to is WSDL itself. That is a royalty-free working group and we are the editor of that spec. I would like to leave it at that." To no avail, several attempts were made to get official comment from Microsoft as to whether the company would make all of its contributions available on a royalty-free basis. Official documents on the W3C's site support Sutor's assertion. According to the home page of the W3C's Web Services Description Working Group, neither IBM nor Microsoft are asserting their intellectual property claims over WSDL. The same can also be said for SOAP 1.2, which falls under the jurisdiction of the royalty-free charter of the W3C's XML Protocol Working Group. Additionally, HP's status as a co-submitter of WSDL has been restored. However, the same cannot be said for many of the other Web services protocols that actually make SOAP and WSDL useful. For example, IBM and Microsoft have yet to release their intellectual property rights to two SOAP extensions: one extension encrypts and applies digital signatures to SOAP messages, another attaches documents to the messages. According to the current W3C document for SOAP's attachment specification, both IBM and Microsoft are keeping their RAND options open. Declarations from both companies go so far as to say that they will apply the RAND-licensing framework even if the contribution is adopted as a standard. The declarations on the corresponding document for digital signatures are virtually the same.
Received on Saturday, 13 April 2002 15:34:30 UTC