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W3C Ponders RAND Again
simonstl writes "Three unnamed W3C participants have suggested a new RAND policy that would let the W3C into the business of charging royalties for patent-encumbered specs. No consensus yet, but they sure seem to keep trying."
Actually, the other way around is more likely, since Microsoft is a member company in the W3C.
(Aside: the W3C doesn't patent things itself - this policy is about dealing with situations where one of it's member companies holds a patent on something that will be part of a standard. Any royalties that are assessed will go to that member company, not to the W3C. I thought that was obvious, personally, but from reading the comments in this story, apparently not...)
Thus, the more likely scenario is that Microsoft patents some key part of some future web standard which the W3C then ratify, so that all implementors of it have to pay Microsoft! Can you imagine AOL, Opera, Macromedia etc all having to pay money to their primary competitor just to be allowed to compete?
Unless I misunderstood, they are not saying that they would consider charging for IP. It appears to me that they were discussing how to handle standards proposals that included licensable, royalty work. That the normal(?) process is to break a specification into non-royalty works and royalty works in such a way that the non-royalty works would not depend on the royalty works and that the royalty works would be farmed out to another organization.
"When non-royalty-free IPR is discovered in a W3C Working Group, a Patent Advisory Group (PAG) might have a number of possible outcomes. The proposal suggests that the Working Group's specification could be split in two. "Core" work to be licensed royalty-free would be produced as a W3C Recommendation. "Extensions" that may require royalties could be done at W3C or by another standards organization."
The question appeared to be if that should continue. Of if W3C could work on the royalty works as well or if they could not go through the trouble of splitting the proposal and work on the entire thing.
"One person suggested Extensions work be dropped. Some said work at the other standards organization needs to be a cooperative effort with W3C. One person suggested a hybrid all produced at W3C. One asked if the Core/Extensions split makes Extensions work less important than Core. The consensus seemed to be that specs built on top of Core work are valuable and that standardizing them is important."
I have to use this cause I can't afford a real sig...
From: dank@kegel.com2 6/#sec-Exception
which says
"In the event a patent has been disclosed that may be essential,
but is not available on RF terms, then a Patent Advisory Group
(PAG) will be launched to resolve the conflict."
implies that RAND will be used only when a patent is truly
essential. But the proposal you mentioned above talks about
extensions. By definition, an extension is not essential.
Therefore the W3C's existing public statements don't support
the kind of exception proposal you mentioned.
If I understand correctly, the W3C's position on RAND as described in http://www.w3.org/TR/2002/WD-patent-policy-200202
You are aware you're treading on very dangerous ground here, I'm sure. Care to identify the three participants who are eager to introduce extensions that require royalty payments? - Dan
I need to buy this guy a beer and a pizza because he replies to the heart of the matter. What part of NO did a few members not understand from the last time they tried going this way. Well, let me reiterate, NO, NO, NO. I'd love to join W3C and kick some ass over there but unfortunately I don't have the $5,750 to cover their 'affiliate' membership fee. Bastards!
Don't get your panties in a wad just yet
Translation: "Be sufficiently cowed by my pre-emtive ad-homonim attack so as not to speak out on this important issue"
Unless I misunderstood, they are not saying that they would consider charging for IP.
This is deceptive semantics. It makes no difference whether it is the w3c charging a patent royalty, or Microsoft charging a patent royalty. If the royalty is requried to adhere to a w3c standard because the fools have incorporated patented material into the standard, then the damage is done regardless of who the web/browser authors have to pay the Vig to, and a once open and free (beer, speech) standard will have become much less open and very unfree, i.e. it will have become worse than worthless to the majority of small web publishers and free software authors, it will have become something to be actively avoided.
It appears to me that they were discussing how to handle standards proposals that included licensable, royalty work. That the normal(?) process is to break a specification into non-royalty works and royalty works in such a way that the non-royalty works would not depend on the royalty works and that the royalty works would be farmed out to another organization.
There is already a procedure in place: do not allow patent-encumbered works into open internet standards, period. As another poster pointed out, which part of No! No! No! didn't they understand the last time around? This is an attempt to change the procedure to allow something which, for very good reason, is disallowed now, i.e. the incorporation of patented procedures into w3c standards that will result in an open and free standard becoming encumbered, less open, and not free at all (in any sense).
In other words, this is yet another sordid attempt to sneak patented work into the standard through the back door, and it deserves every bit of derision and outrage it is getting.
The Future of Human Evolution: Autonomy