W3C Considers Royalty-Bound Patents In Web Standards

Svartalf writes: "There's a report on Linux Today about a proposed loosening of requirements on patented technologies being submitted for W3C consideration. Called RAND, short for 'reasonable and non-discriminatory,' it basically changes the position of W3C with respects to patents. This is a real problem as all of you know, considering that we've had all kinds of fun with other 'reasonable' licensing (MP3 and GIF come immediately to mind) -- the cutoff for comments is tomorrow (9-30) so if you want to get them in do it NOW." September 30 is now today rather than tomorrow. The same issue was raised in a post yesterday as well, but many readers have submitted news of this Linux Today piece. Reader WhyDoubt points out that comments on the change are archived on the W3C's site, including this pithy comment from Alan Cox. Do you think that fee-bound patents have a place in the standards promulgated by the W3C? Read the Patent Policy Working Group's FAQ, then add your comment.

Comments

It's not too late...

[Anonymous Coward]

Go read Cox's comment then look through some of the other comments on the site.Try to work out something sensible to say, then say it; there are already over 150 comments from this month, all (as far as I can see) overwhelmingly against this policy.

Obvious angles on it:

• Cox's quote from the W3C: "The W3C was created to lead the Web to its full potential by developing common protocols that promote its evolution and ensure its interoperability"
• The authors of the RAND proposal are: Microsoft, HP, Philips, Apple, and a couple of w3c people. The W3C is NOT acting for the benefit of the web user here.
• Software patents in themselves are debatably useful/ethical. Their place in so-called open systems like the internet is not a subject that deserves conversation beyond the word 'no'.
• This has gone through as quietly as possible so far - could it be that there's a little underhandedness going on here?
• Is this just a proof that the W3C is inadequate and needs replacement by a truly open standards body? If this passes their opinion is quite clearly worth nothing.
• The existence of patents causes a huge imbalance between corporate and open developer. In the current climate, it makes the technology entirely unusable, legally, for the latter group.Do you want to freeze open/free software development entirely out of the w3c's concept of the internet? What am I asking... of course you do, corporate buttkissers.
• This is a disgusting potential misuse of the W3C's position. Quite simply, they are in a position of responsibility and should know better.
• Has the W3C entirely forgotten their original ideals, to see standards compliant software and free, open, usable Internet? Like Alan Cox said, I can smell the rot from here.
• Patents, in the final analysis, give the corporation power over the people. They can relicense, they can enforce, whenever, whatever, and however they see fit. Patents are a force that could quite well serve for silencing dissenters and giving the power for expression on the Internet only to those with the power to pay. Do not follow the rush to put a price tag on the net; try to remember why we're here and where it really came from. Had the net been closed source in the first place it would no doubt have died the death of most proprietary efforts; too expensive, and tightly controlled by bureaucratic bastards who can't get their thumbs out of their arses for long enough to get any actual innovation done. We don't need it, we don't want it and if the W3C endorses it, then damn them like the corporate sheep they're rapidly becoming - a standards body should not be so visibly a puppet to somebody@microsoft.com.

This is not at all surprising

[greenfield]

No one should be surprised by the change in patent information. Look at the membership structure of the W3C. We can compare it to the membership structure of the IETF, a group I think everyone would consider open and "free."

First, in the W3C, membership is only offered to organizations. In the IETF, all individuals can participate in the Working Groups; any individual can generate a RFC.

Second, in the W3C, membership costs either $5000 or $50,000. IETF membership is free. It does cost money to attend an IETF meeting, but that cost is around $500; well within the reach of any serious developer.

Control of working groups in the IETF (and the IESG) is based on technical ability or desire. In theory, you don't really have to be a prior participant in the IETF to run a working group. (But it helps. A lot.) In the W3C, you must be a member (paying $5000 or $50,000), in order to run a WG.

In the IETF, decisions are made on rough consensus. In the W3C, decisions are also made based on consensus with elaborate procedural systems. It's interesting to compare and contrast the amount of procedural information on the W3C's web site versus the IETF's web site.

In general, all IETF working material is open and accessible to the public. You can read RFCs as they are being written; you can read, post, and comment on IETF mailing lists. W3C working material is not open to the public.

Companies may ask if the IETF is unfriendly towards business. I do not think this is the case. Look at Cisco. Cisco has certainly participated in the IETF; they are very involved in the development of several IETF standards. However, Cisco still has the ability to develop their own proprietary protocols and still has the ability to make secret agreements with other companies.

In short, membership in the W3C has always been primarily by businesses. In fact, there is no way for an individual to join the W3C. Anyone surprised by an extreme pro-business slant of the W3C is not really familiar with the W3C's nature.

[You might wonder why companies don't control the IETF as much as they control the W3C. My theory is that the W3C works on items much more relevant to the end user. A mass-market consumer is much more amazed by SVG than they are by packet switching. Companies have a strong interest in controlling what the mass-market consumer sees.]

(Refs: W3C Membership, IETF Web site)

Re: sending your comments to W3C

[jdaly]

Since the publication of Adam's article on Linux Today, and the Slashdot listing of the article, many have written to voice disagreement with the current Working Draft of the W3C Patent Policy Framework.

For those of you not familiar with how W3C works: W3C puts documents out for public comment, announces them, and is obliged to respond to questions and critiques. This document was no different; in fact, not only was the document announced on the W3C Homepage six weeks ago, the WG produced both a FAQ and backgrounder, and the announcement was carried on a variety of syndication services which rely on RSS feeds.

As many of you may have missed the August announcement of the draft, I include the links here for your reference. I would ask that you consider reading these documents as "item 0" in Adam's "What you can do" list.

Announcement: archived with date at http://www.w3.org/News/2001
FAQ: http://www.w3.org/2001/08/16-PP-FAQ
Backgrounder: http://www.w3.org/2001/08/patentnews
W3C Patent Policy Framework: http://www.w3.org/TR/2001/WD-patent-policy-2001081 6/

For more information on how W3C works in general, I invite you to read the W3C Process Document:
http://www.w3.org/Consortium/Process/

As of now, many comments sent to W3C's Patent Policy Comment list simply say, "Don't!" By responding in this manner, writers give the Working Group nothing on which to build a constructive response or to consider. Should you decide to comment, I suggest here what you can do to help W3C make the most of your comments, and help it be in a position to act on them:

1. Read the draft itself. (You may find the FAQ and backgrounder useful.)
2. Provide your comments directed at specific sections of the draft with which you object.
3. Ask questions where you find the language of the draft itself unclear.
4. If you make philosophical objections, please base them, at least in part, on your reading of the draft.

W3C welcomes all comments - critical and otherwise - on its documents. I would say though, that the preference is for substantiated comments. This type of comment leads to action; at the very least, they demand consideration on behalf of the Working Group, as well as a thoughtful response.

Best regards,

Janet Daly
Head of Communications, W3C