- From: Carsten Svaneborg <svanebor@mpip-mainz.mpg.de>
- Date: Wed, 27 Feb 2002 11:23:30 +0100
- To: www-patentpolicy-comment@w3.org
HI! I'm very exited that W3 confirms it commitment to producing Royalty-Free standards. RF standards are necessary if the web is to grow in the future as it has in the past, by creating a commons on which people are free to innovate, create, and share information. However, web membership and rights to publish and share information should not be defined by the narrow scope of commercial interests with their RAND-2001 newspeak, but should be commons available to all people. See L. Lessig's book http://cyberlaw.stanford.edu/future/ for the importance of commons in fostering innovation. Regarding patents. If it is not possible to create a standard that is Royalty-Free, then no standard is to be preferred. The limitations imposed by RAND are not acceptable, compared to the freedoms offered by RF. However, given the size and patent portfolio of some of the W3 members, an alternative could be optional crosslicencing of parts of the patent portfolio owned by W3 members with that company, under a licence that would allow a RF standard to be formulated. After all the W3 members would also benefit from the network effects, if a free standard was broadly accepted and used on the net. An alternative would be to sue the company for patent infringement. The W3 members between them must have numerous patents that any company would infringe as a basis of everyday business. For instance IBM's patent on booting a computer (EP417888), this is an EPO patent but it probably has a US counterpart. "We will allow you to boot your computers without a licence from IBM, but then you have to allow this web standard to be RF." Yet another alternative would be publically announce the patent claims and ask people (including W3 members) to search for prior art to invalidate the patent. Given that most softwarepatents that are issued today are trivial due to prior art, not found during the patent examination process, it should be possible to avoid most patent claims by simply invalidating the patent, a bounty could be given to the person who finds the best example of prior art just as an incentive to professional patent busters. -- Mvh. Carsten Svaneborg What patents did you infringe today? Goto http://www.softwarepatenter.dk to find out!
Received on Wednesday, 27 February 2002 05:23:30 UTC