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[XML-DEV Mailing List Archive Home] [By Thread] [By Date] [Recent Entries] [Reply To This Message] RE: Cutting special deals for open source developers -- noway!
 One might start by exhaustively looking that existing software patents and determining which if any are justifiable. One should try to ascertain when a patent is warranted and not dismiss them all out of hand given that this may also be a barrier to innovation. Patents are revenue source for small companies as well as large, for universities, and for individuals. For example, MIT will fight you because they also have a lucrative patent pool and recently have filed suit against Sony et al. Then arguments can be made on precedent and example rather than only on principle. That will be a long haul and in the mean time that paralysis on the specification process that Joshua Allen has mentioned will continue. I totally agree: fair for one should be fair for all. len -----Original Message----- From: Dave Winer [mailto:dave@u...] Sent: Friday, October 12, 2001 4:20 PM To: xml-dev@l... Cc: w3c-ac-forum@w... Subject: Cutting special deals for open source developers -- no way! The myth that there are big companies and open source developers and nothing inbetween has been a constant problem for commercial developers who believe in open standards and think that software patents are unethical and act accordingly. I've seen this myth perpetrated over and over by well-meaning people, but it's dangerous and unfair. I read this news item in eWeek [1], with a statement from the patent WG chair, Daniel Weitzner, saying that there they will consider an exception for open source developers. As a commercial and open source developer, this highlights the impossibility of having the W3C work with patents at all. If open source is to be granted some kind of exception, then that exception must also apply to independent commercial developers, especially those who invent non-patented new art that others may freely use in their software. This has long been UserLand's policy, to create new techniques, designs, algorithms, protocols and formats, in a manner so that anyone can build software on them. We believe this is the only ethical way to create software. To prevent others from using our techniques would be akin to a book author inventing a new plot and then preventing other authors from using it. No such protection is possible because it would be (in the US) an illegal limit on free speech. We believe that the same protection applies to software developers because software is a creative act that is very similar to writing. It's time to get a grip on how our industry works, how much exchange of ideas there is between our products, and get comfortable with all developers, using whatever economic system they choose, participating in the market on equal footing with all other developers. Patents have no place in open software development processes. It's very unfortunate that USPTO believes otherwise, I think the W3C, to true to the spirit of its charter, must work tirelelessly to convince the USPTO that its policy on patents can't work, and if that fails, take the matter to court. Under no circumstances should special deals be cut for groups that unfairly limit opportunties for others. Dave Winer, CEO UserLand Software [1] http://www.eweek.com/article/0,3658,s%253D1884%2526a%253D16297,00.asp ----------------------------------------------------------------- The xml-dev list is sponsored by XML.org <http://www.xml.org>, an initiative of OASIS <http://www.oasis-open.org> The list archives are at http://lists.xml.org/archives/xml-dev/ To subscribe or unsubscribe from this elist use the subscription manager: <http://lists.xml.org/ob/adm.pl> 
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