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Subject: RE: [legalxml-sc] W3C Moves Against Allowing Reservation of Right s,Toward Royalty Free Requirements
I agree... The key here is disclosure and having a clear shining light on
the choices that are made. Those visible choices by companies can then be
used by customers in making their decisions. We will not always agree with
those decisions. There should be no vilification of another's choice. The
market, with real information can then allow everyone to make an informed
choice.
Regards,
Don
-----Original Message-----
From: Daniel Greenwood [mailto:dang@mit.edu]
Sent: Saturday, November 16, 2002 6:00 PM
To: Patrick Gannon; legalxml-sc@lists.oasis-open.org
Cc: karl.best@oasis-open.org; jmessing@law-on-line.com;
scott.mcgrath@oasis-open.org
Subject: [legalxml-sc] W3C Moves Against Allowing Reservation of Rights,
Toward Royalty Free Requirements
Patrick and Fellow LegalXML SC Members,
The W3C is circulating the following draft policy for comment:
http://www.w3.org/TR/2002/WD-patent-policy-20021114/ It looks an
awful lot like the current LegalXML IP policy statement in our
Charters, but far more detailed and well thought out. The upshot is
the same however: no reservation of exclusionary proprietary rights if
you are working on an open standard.
Assuming this policy makes it to final approval (as I predict it
will), I think OASIS should look seriously at adopting it as an
explicit "opt in" legal regime. That way, there would be a bright
line between those TCs that will not tolerate private IP in a standard
and other OASIS TCs that will allow it. This would bring LegalXML TCs
and other OASIS TCs which choose this rout into harmony with the same
wording and process used at the W3C, which makes things faster and
easier when soaking up time of lawyers by TC members. It would also
create a type of competitive advantage for OASIS in that companies
that wished to create a standard WITH reservation of rights (i.e. so
they could charge a royalty on use of the standard) could be attracted
to form a TC in OASIS when they are blocked at the W3C. Such a TC
would simply not opt in to the IP policy (or opt out, either way).
I am interested in feedback.
Thanks,
- Dan
==============================================
| Daniel J. Greenwood, Esq.
| Director, E-Commerce Architecture Program
| MIT School of Architecture and Planning
| 77 Massachusetts Avenue, Room 7-231
| Cambridge, MA 02139
| http://ecitizen.mit.edu
| or http://www.civics.com
| dang@mit.edu
==============================================
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