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W3C Policy To Favor Royalty-Free Patents Only

A report on NewsForge notes that the Last Call Working Draft of the World Wide Web Consortium's patent policy has reversed the possibility found in earlier drafts of allowing patents in Web standards which required "Reasonable and Non-Discriminatory" (RAND) licensing fees. This draft is the result of the vote by the W3C's patent policy board mentioned last month, which came after a proposed loosening of the royalty-free standards in the Fall of 2001.

35 of 104 comments (clear)

  1. Royalty free by Anonymous Coward · · Score: 3, Funny

    Free as in beer? or free as in syphilis?

  2. WC3? by Anonymous Coward · · Score: 3, Informative

    Sorry to nit-pick

    1. Re:WC3? by MindStalker · · Score: 5, Funny

      yes, wc3.org
      walnut creek church of christ

  3. This is good, but... by vasqzr · · Score: 3, Insightful



    Who says you have to follow standards?

    People [b]will[/b] create their own, royalty-free or not. The market decides who wins.

    1. Re:This is good, but... by sketerpot · · Score: 5, Informative
      Despite that, the W3C still has significant voice in what happens. Check out some of the stuff at W3Schools and you will see the way the w3c is pushing--toward technical excellence with the ability to make your pages look good and gracefully degrade. And these technologies are being adopted! If you compare the Distributed Proofreaders site to the Cartoon Network site, there is no doubt which is more usable. (note for those of you who may be so dense that you have doubts: not cartoon network). Guess who uses more w3c-friendly html?

      Sited like that are everywhere because many web sites are made by people who care about such things, rather than fawning over browser-specific stuff.

    2. Re:This is good, but... by rusty0101 · · Score: 4, Interesting

      Nothing says you have to follow standards. Unless you market the product as "Standards Based." Even then...

      --
      You never know...
    3. Re:This is good, but... by aardvarkjoe · · Score: 3, Insightful
      Huge? it only looks like about 10 screens to me. The slashdot comments page is an awful lot longer.


      I absolutely hate the mentality that everything has to have its own page. It leads to things like sites where articles are split into pages of 50 words apiece. I've got a scrollbar -- let me use it.

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
  4. WarCraft 3 Wont Charge Royaltys... by LordYUK · · Score: 5, Funny

    woo hoo!! Now I can patent the Wisp Rush and don't have to pay Blizzard a penny!!!! hehehe :) Me

    --
    This is my sig. Its pathetic.
  5. WC3 eh?? by LordYUK · · Score: 3, Funny

    Someone has WarCraft on the brain...

    Zug Zug!

    --
    This is my sig. Its pathetic.
  6. the good guys always win by BroadbandBradley · · Score: 3, Interesting

    it just takes awhile sometimes.

  7. Oh no! by gpinzone · · Score: 5, Funny

    "Oh no! There go all the royalty checks on my patented tag!" - Marc Andreessen

  8. Re:One-Click shopping by BroadbandBradley · · Score: 4, Informative

    this isn't about patents, this is about the W3C.org which is an internet standards group. there was this possibilty that they would charge folks to impliment what was considered the standard...oh hell read the story.

  9. Thank god! by locarecords.com · · Score: 5, Insightful
    W3C stand up and be counted. At last they are actually stating a position and it is one we can all applaud!

    I hope they now start to be more proactive in naming and shaming those who subvert their standards (no names m$entioned).

    --
    ---- The Open Source Record Label : : LOCARECORDS.COM
  10. Nice, but by Duderstadt · · Score: 4, Interesting
    While I commend the W3C for demanding royalty-free licenses, I am not exactly sure that this makes a great deal of difference at this time.

    There are, AFAIK, currently dozens (hundreds?) of closed and open source implementations of virtually every defined W3C specification, all royalty free. Just as an example, I have used four or five XML/XSL parsers, some OSS, some not. Am I wrong about this?

    Perhaps someone out there can inform me if RAND licences are required to implement any of the existing W3C specs?

    1. Re:Nice, but by Bruce+Perens · · Score: 5, Informative
      To date, W3C has attempted to create unencumbered standards. You can't ever be sure that they are unencumbered, of course, some turkey could assert yet another patent on the Internet.

      But W3C was under pressure to create encumbered standards, mostly from big companies that would have made money from the royalties. Some companies that are usually considered our friends were working against us in this regard. Of course we didn't want to see them erect toll-booths on the Internet that would have, as a side-effect, locked out Open Source implementations.

      I think there may be a problem right now regarding the VoiceXML standard, which was chartered before this new policy is accepted.

      Bruce

  11. Example of RAND in purposed W3C standards by Anonymous Coward · · Score: 5, Informative

    If you were wondering what they're talking about, it might be:

    in this submission

    An article talks about it on
    ZDnet

    which I probably found on an old slashdot article.

  12. Hold your horses by jki · · Score: 3, Insightful
    This is good, but final celebration is to be held later. And there are still changes that find some new heave artillery against this. Anyway, good work!

    The Working Group hopes to advance to Proposed Recommendation in February or March 2003, with a final policy to be adopted by May 2003.

  13. Heh? SVG? by justsomebody · · Score: 4, Interesting

    I hope this puts flash out of bussines. It would be time for SVG to replace standard flash.

    Let the proprietary follow free standards.

    --
    Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    1. Re:Heh? SVG? by cygnus · · Score: 5, Informative
      I hope this puts flash out of bussines. It would be time for SVG to replace standard flash.

      arg. everytime one of these stories comes up, i end up linking to this site.

      SWF, Flash's file format, IS a free and open standard.

      --
      Just raise the taxes on crack.
  14. Better yet get rid of Patents on Software. by BoomerSooner · · Score: 5, Interesting

    How nice would that be? I've yet to see patents do a damn thing but stifle innovation. How the fuck can someone interpret a law written in the 1800's to apply to 21st Century society.

    All laws should expire, if they are worthy they will be renewed (could you imagine the crisis if murder was legal for a day?).

  15. A step up, but not good enough for RMS... by 3-State+Bit · · Score: 3, Interesting

    Software can't be Free as long as there are patent restrictions on it, even if you can use the patents royalty-free. Why?

    I'm not sure, exactly. I guess that there are some kind of restrictions that come with use of a patent, even if it's allowed for free.

    Right now, if I have in my hand a GPL'd project, I can do whatever I want with it, can modify it in whatever way I want, as long as I do not add in a third kind of copyright. (e.g., I cannot add the stolen source to the next version of Windows into my GPL project and GPL it.)
    As long as it's between me and the software in front of me, legitimately GPL'd, I can do anything to it, as long as I license the result under the GPL.

    For some reason, I'm not sure why, this is not true if there are patents in it, even if the patents are categorically royalty-free.

    Anyone want to explain RMS's position?

    I'm afraid I can't find a link right now...

    1. Re:A step up, but not good enough for RMS... by lakeland · · Score: 5, Insightful
      Software can't be Free as long as there are patent restrictions on it, even if you can use the patents royalty-free. Why?


      Simple. While they're royalty free now, what is to say they're royalty free next week? With free software nobody can take away your rights to use it. With free patents, the patent holder can stop giving out free usage at any time. Even if that allows your existing program to carry on using the patented technology, it can screw up interoperability.


      Say for example you wrote a l33t gif producing program, 'caus gif is licenced royalty free, right? Now, at some time in the future, some nasty, evil corporation might change the patent rules on gif, and render the output of your program useless to free software. And you can forget about releasing a new version of your program, say one that fixes a security hole, because for most free beer patents, that requires another free licence.

    2. Re:A step up, but not good enough for RMS... by Bruce+Perens · · Score: 5, Informative
      The grant of patents with the W3C standards is not for all uses. It is only for the work necessary to implement the standard. So, you can use the algorithm in one place in your code, and not another. It's the best compromise we could get out of the patent holders. So, RMS has a valid point.

      Bruce

    3. Re:A step up, but not good enough for RMS... by Sloppy · · Score: 3, Informative
      Software can't be Free as long as there are patent restrictions on it, even if you can use the patents royalty-free. Why?
      Because the "you can use" part is narrowly defined.

      Imagine that there's new standard for transmitting porn over HTTPS, that involves the use of my fictional patented "Sloppy Encryption Xtreme." I grant a royalty-free license to implement my encryption algorithm for HTTPS. Someone writes a GPLed web browser that uses it.

      Then next week, someone decides to take some of the GPLed code from the web browser, and use it in another project for puppy shredding machines. This other project doesn't involve web browsing or HTTP, but has some sort of use for Sloppy Encryption Xtreme (transmitting shredded puppy statistics to corporate headquarters, for example).

      Then I sue for patent infringement, because the license that I granted, is only for HTTPS implentations.

      Oops. That's bad. That's not Free.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    4. Re:A step up, but not good enough for RMS... by Bruce+Perens · · Score: 3, Funny

      That and a dollar will get you a ride on the subway :-)

  16. Royalty free - how 'bout JPG, for example? by Weaselmancer · · Score: 5, Interesting

    From the article: The draft policy now provides that all patents necessary to implement W3C specifications must be "royalty-free".

    What does this imply for the now patented and non-royalty-free JPG and GIF? If I read this right (IANAL), I believe it says that only royalty-free patents can be a part of spec. In a nutshell, it appears JPG and GIF are SOL.

    I think it would be great if W3C took a stand against abusive patents. This could be a really good thing, in disguise.

    Weaselmancer

    --
    Weaselmancer
    rediculous.
    1. Re:Royalty free - how 'bout JPG, for example? by Bruce+Perens · · Score: 5, Informative
      Neither JPG or GIF are W3C specifications. HTML is a W3C standard, and includes them by reference only.

      Bruce

  17. Finally.... by Flyskippy1 · · Score: 3, Interesting

    Well, I must say that this is a good thing. The web, (and those who program) don't need companies that make you pay for their format. (read: Unisys sucks.)

    Actually, proprietary formats don't belong in the World Wide Web. They hurt it's development, and make it more difficult for developers to offer a wide range of support.

  18. If there's a patent, why bother? by LostCluster · · Score: 5, Insightful

    Any standards body needs to insist that standards it declares are standards that are not restricted by any patent limitations. If they do not, then they risk putting out a standard that one company controls, or worse, you need the permission of serveral companies.

    If you want the benefits of having your technology as part of a sactioned standard, check your patents at the door.

  19. I think you are confused by Anonymous Coward · · Score: 5, Insightful

    There are, AFAIK, currently dozens (hundreds?) of closed and open source implementations of virtually every defined W3C specification, all royalty free.

    This is not about implementations. This is about patents.

    Perhaps someone out there can inform me if RAND licences are required to implement any of the existing W3C specs?

    No. They are not.

    The W3C policy has been for a long time that nothing with a patent encumbrance will be made a W3C standard. The story that you are replying to is on the subject that last month the W3C was considering changing this policy.

    Under the proposed policy change, the W3C would gain the capability to adopt as standards things which in order to create an implementation of that standard you might have to pay some RAND licensing fees. (And it is quite possible that whoever paid those RAND fees and created an implementation might then turn around and make that implementation available royalty free.)

    This policy change has been rejected, and things will continue as they were before, namely no patent encumbrances on anything that is going to become a standard unless implementing the patent is allowed universally royalty free. Meaning, no, it makes no difference, becuase nothing is different.

    Had they allowed RAND licensing into standards, it would have had a number of pretty big differences in things. For example, it would concievably be impossible to implement such standards in GPLed software, as the GPL bans the use in GPLed software of patent implementations unless you can ensure that patent is perpetually and unconditionally licensed royalty-free to all future GPLed programs.

    Does this answer your question?

  20. Re:One-Click shopping by jki · · Score: 3, Informative
    guess Amazon is probably going to lose some money

    I guess this was mostly a joke, but in case it was not - you might be interested in knowing that:

    Amazon Tastes Its Own Patent-Pending Medicine and One-Click Shopping: litigation turns out unexpected real owner:
    Amazon (internet bookstore) received a US patent on reducing the need for data input in case of repeated ordering through a network like the WWW. Based on this patent, Amazon sought an injunction against a competing bookstore. Amazon had applied for the same patent at the EPO under EP0902381 in Sep. 1998 under the name "Method and system for placing a purchase order via a communications network". By the time a search report was issued by the EPO, this patent had already aroused an uproar in the USA, leading to the discovery of a lot of prior art. Under the impression of these facts, Amazon refrained from further pursuing the patent application at the EPO. Meanwhile it has turned out that the One-Click technique is "owned" by a subsidiary of Thomson Multimedia, which had obtained a similar patent a few years earlier.

    Whoever is going to try to force it - will be in trouble. Seems like there is previous art more than carry. Even I have made such a wonderful thing in 1997. Who has not :) :)

  21. Re:One-Click shopping by Bruce+Perens · · Score: 4, Informative
    Rather it is that W3C working group members could have gained the right to charge implementors for patents held by those implementors.

    Hey folks, there are 100 other standards organizations where we have yet to win this fight.

    Thanks

    Bruce

  22. Re:One-Click shopping by Bruce+Perens · · Score: 3, Interesting
    I mis-spoke myself :-)

    Rather it is that W3C working group members could have gained the right to charge implementors for patents held by the members that they deliberately embedded in the standard. This is called "patent farming".

    Bruce

  23. Quality Assurance of W3C Drafts :-) by Jouni · · Score: 3, Funny
    Am I the only one who finds it more than a little ironic that their current draft page on Quality Assurance is all fscked up? :-)

    This is linked to right from their main news page, too. Introduction indeed.

    Don't you feel safer when you know that your Internet standards are in good hands?

    Jouni

    --
    Jouni Mannonen | Game Designer, Consultant
  24. GIF patent expires in 6 months, 6 days. by Animats · · Score: 3, Informative

    Patents have a reasonably short life. The "GIF patent" (#4,558,302), expires on June 20, 2003.