- From: D F <dave.fluri@onlink.net>
- Date: Fri, 24 Jan 2003 22:08:47 -0500
- To: www-patentpolicy-comment@w3.org
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It would appear that the nugget which resides at the heart of
Microsoft's objections to royalty-free patents is their belief that
the freedom of the corporate hegemony, perforce, trumps the freedom
of the individual at every turn.
- From David Turner's (Microsoft's) contribution, we have:
Many of these enterprises [Microsoft's customers] have long
established patent portfolio departments that derive revenue
commensurate with some of their significant business units. We
have heard from many of these customers who are also W3C
members that they will not participate in standards development
activities if it means that they will have to agree to license
their patents on a RF-only basis.
It would appear that Microsoft's contention is that the PPWG should
consider these comments, ostensibly reported solely to Microsoft,
as being of greater value than those of any individuals who have
written in. I would posit that, if the concerns of these
"enterprises" were not sufficiently pressing to elicit their
tabling them here, that suggests that they are not of sufficient
weight to garner much consideration by the PPWG. Microsoft's Mr.
Turner goes so far as to say that the concerns of individuals
posted here are of lesser worth:
The fact that the current proposal treats all participants
(except invited experts and perhaps W3C staff) and licensees
the same is especially noteworthy given that the interested
parties employ different business models and use web
technologies in very different manners.
I note, but I am not deceived by, the measured tone of Microsoft's
use of the term "noteworthy."
Microsoft also notes that:
While most web developers and users alike would prefer RF
standards it is not clear that everyone arrives at this
preference for the same reasons.
I'm forced to wonder why this should concern anyone in any way. One
might say the same about just about anything one might imagine.
People come to Rome by way of many roads. Doesn't the fact that
such consensus can spring from a disparate group lend more weight
to that consensus? If "most ... developers and users ... would
prefer RF standards" why should they not have them?
Microsoft, in an effort, I suppose, to denigrate the position of
others, also seems to be painting dissent where no real dissent
exists.
On the one hand we have Bruce Perens hailing the W3C's RF-only
decision because it represents a victory on the way to
eliminating the enforceability of software patents even though
a significant percent of his constituency is apparently unable
to distribute software based on W3C Recommendations, while his
colleague Eben Moglen urges his constituents to amend the W3C
patent policy in a way that would surely lead to a mass exodus
of the W3C's current membership.
I think a fair analysis of SPI's and FSF's positions would reveal
that both groups are on record as supporting RF standards and both
are against the 'field of use' provisions. It seems duplicitous of
Microsoft to suggest that they are at any meaningful variance.
Another troubling aspect of Microsoft's position can be seen in the
following:
While the open source software community, like the commercial
software community, has and continues to contribute to the
development of the Web, in part, by creating and supporting Web
standards, these communities do have different relationships
with the W3C. As you consider whether or not a RF-only policy
is the right patent policy for the W3C we hope you will not
only think about the pros and cons of such a policy but why
some parties are issuing a call to arms to individuals who may
have little engagement with the W3C other than to comment on
this patent policy.
In other words, it is Microsoft's position that the merits of RF
standards are less important than the motivation of those who
support them. In a strange sense, I agree with this. If one
examines the record, I think it is clear that the motivation for
Microsoft's opposition to RF standards is that the adoption of such
standards would ham-string Microsoft in their desire to extend
control over the Internet. Apparently, though, I am more
magnanimous and less mercenary in my approach. I believe that RF
standards should stand or fall on their own merits and I believe
that they are meritorious enough to stand.
In conclusion, let me state, once more and without equivocation,
that I am of the firm belief that RF standards are the only
workable solution which can guarantee innovative and rapid
development of the Internet. We need only look to the vast majority
of international standards bodies to see that most people are in
agreement with my position. If the 'field of use' provisions are
the price that we must pay to ensure that RF standards are
preserved, then I must. reluctantly, 'hold my nose' and support the
draft proposal. This does not mean that I think encumbered RF
standards are a good thing; only that I prefer encumbered RF
standards to closed standards.
Thank you for your patience and consideration of my analysis.
- --
Dave Fluri
PGP Public Key-ID 3F64B9AC
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Received on Friday, 24 January 2003 22:20:22 UTC