Re: The Open Source Initiative OSI letter of comment on W3C's proposed RAND policy.

The Open Source Initiative: OSI letter of comment on W3C's proposed RAND policyEven if vigorously defended, a well crafted legal case can show
that the exact code of the implementation varies from the patent 
utility.  This case defense has become the norm, and the precedent.

Some formats have been patented, such as the case with Compuserves
GIF format, however, they have always been superceded by better
formats that are not patented. And license fees have been minimal. 

It is in the best interest of any software company worth its salt
to avoid pinning its revenue stream on license revenue generated
from patent royalties.  It is in the best interests of our working group
to avoid topics of conversation that are largely moot. 

  Patents need to be vigoriously defended to remain
  in effect/defendable.