The Royalty-Frees Have It at W3C
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Published in the form of the "Last Call Working Draft," the latest iteration means those who participate in the creation of a W3C recommendation must agree to license patents that block interoperability without charging other users, so as not to stifle standards development, according to the W3C.
The secondary goal of this play is to ask that W3C Members and others come forth when they are aware of patents that may be essential to the implementation of W3C Recommendations. To be clear: the policy does not dictate that group members must open up one's entire patent portfolio. Rather, it concerns those patents that are essential to use a standard that one participates in developing at W3C.
The Working Group has developed a process for resolving disputes when patent claims that are not royalty-free are identified. Options including designing around the patents, investigating the validity of the patents, or transitioning the work to another organization that is willing to produce RAND (reasonable and non-discriminatory terms) standards.
With this draft, the Working Group proposes: only RF Recommendations are allowed; participants must commit up front to RF licenses for Recommendations they participate in developing; participants may defend use of their patents; the RF licensing only applies to technologies essential for implementing the W3C specification.
The RAND track has also been removed so that members may not switch a design effort from a RF to a RAND group during the process.
W3C spokesperson Janet Daly said the Patent Policy Working Group spent the last year responding to comments and criticism from the previous Last Call draft. That period was fraught with contention, as a slew of developers were upset that standards implementation could be halted by patent holders anxious to defend their intellectual property.
Specifically, it's a fresh blow from the August 2001 Working Draft, where two Working Group members filed formal objections. No formal objections were registered on this revision, but as late as last week, Epicentric and webMethods were balking at freeing up their IP because they felt the W3C recommendation overlapped with certain aspects of their technologies related to the SOAP 1.2 Standard.
The Last Call comment period is open for public and member comments through December 31, 2002. The Patent Policy Working Group will produce a final draft proposal, called a Proposed Recommendation, which will be approved or denied by W3C Director Tim Berners-Lee.
The Working Group hopes to advance to Proposed Recommendation in February or March 2003, with a final policy to be adopted by May 2003.