W3C Royalty-Free Patent Policy Last Call

I complement the W3C working committee on the revisions that have been made
to the Patent Policy.  The originally proposed policy would have denied the
full and free use of free software to build the Web.  The most recent
revision attempts to guarantee that free software may be used without fear
of patent encumbrances. Unfortunately, the most recent revision still
contains a flaw.  In spite of this, I APPROVE OF THE PROPOSED POLICY as
being the best that we can hope for at this time.

I refer to Item 3 of Section 3, titled 'W3C Royalty-Free (RF) Licensing
Requirements'.   This Item allows for a supposedly free grant to use a
patent to be restricted such that a piece of Web infrastructure software
might be encumbered if used for some non-Web use.  This is an unfortunate
restriction.  For example, web browsers and proxy servers require the use of
similar software to locate and retrieve content.  It is quite possible that
the proposed requirements could allow a patent to be used royalty free in
one case, but not the other.  As another example, web browsers and file
managers also contain much duplicate functionality.  Again, a patent could
be royalty bearing when used in the latter though not the former.

I would like to see the language of Item 3, Section 3, be changed to require
that any patents be completed unencumbered, but I realize that this may be
impossible in the current political climate within the committee.

The opinions expressed in this email are my own and do not necessarily
reflect those of my employer.

> Sam Denton
> Wireless:  314-401-4017
> Email: denton_sam@emc.com
> 
>