- From: Gary Lea <G.R.Lea@btinternet.com>
- Date: Thu, 25 Jul 2002 22:59:01 +0100
- To: <www-patentpolicy-comment@w3.org>
The history of the Internet's standards simply does not bear that prediction out. The industry has chosen, time and time again, to adopt freely-implementable, freely-licensed, open infrastructure standards in preference to offerings that are encumbered with restrictions. [I think this is one area where the "stockbroker's caveat" applies: "Past performance is no guide to the future" i.e. the world has changed, not necessarily for the better, since the mid-1990s. Many of the things you refer to below have their origins in work in the 1970s and 1980s - different times, different customs.] What happened to the IBM MCA architecture? The industry chose the existing, open PC architecture. [That one is easy: IBM was a sole player trying to dominate in a market where a perfectly viable alternative existed. These two conditions will apply less and less as time goes by: the big hardware (and software players) are learning to move effectively in packs (i.e. standards development consortia), at least when it suits them, and such viable alternatives simply do not always exist.] What happened to the proprietary local networking architectures? The industry chose the open, freely-implementable Ethernet. [Ethernet's history is far from open in the sense you mean - see US Patent 4,063,220 for the start of the hardware side of things.] What happened to the dozens of proprietary mail transport protocols? The industry chose the open SMTP protocol. What happened to any of hundreds of other proprietary also-ran protocols? The TCP/IP suite of protocols, openly developed and documented by the IETF, was and continues to be chosen by the industry. [I refer generally back to my first comment] The W3C's existing track record of promoting freely implementable standards does indeed deserve better than to be bypassed. This track record is currently at risk, though, as evidenced by the ongoing debate on this list. [For the reasons I gave in my earlier post, RAND does not automatically mean not freely implementable - otherwise how do ANSI, ITU-T, ISO, IEC and others still function as technical standards bodies? ANSI has allowed a form of RAND licensing since 1974 - it still lives. Interestingly, one of the lesser-known things about most IPR policies adopted by technical standards bodied like ANSI, ISO, etc. is that they still have a built-in preference for non-patented technologies such that they will only accept them in proposals/standards where deemed "essential".] The W3's own stated charter <http://www.w3.org/Consortium/Points/> says that their purposes include: "enabling new forms of human communication and opportunities to share knowledge. One of W3C's primary goals is to make these benefits available to all people, whatever their hardware, software, network infrastructure [...]" "[...] promotes interoperability by designing and promoting open (non-proprietary) computer languages and protocols [...]" If the W3C does not make a clear commitment to standards that are freely implementable by all-comers, without discriminatory barriers like licensing restrictions or royalty fees, then their position as a standards organisation for the Web is forfeit, and they will deservedly wither on the vine as other organisations, which recognise the necessity of royalty-free standards for infrastructure, take up that role. [One of the points I often make is that, outside the sphere of regular TSOs like ANSI, standards bodies have a natural tendency to multiply: technical standards, as distinct from technical regulations, are voluntary after all ... ]
Received on Thursday, 25 July 2002 17:51:08 UTC