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Subject: Re: [chairs] Re-visiting IPR and OASIS
Hal,
Thanks for taking the time to root out this
document for me.
Some thoughts - this document falls between two
stools - while it
references the situation in the software industry -
it still veers
back toward patents in the large.
It does give a good view into the current status
quo and
modus operandi around us.
But it also makes no reference to standards bodies
and the type
of work we do in OASIS and how this fits in - (I
may have missed
something in my speed reading - but nothing
jumped out - and
especially not in the
Conclusions).
Including software into patents has been an
experiment. I think
its time the PTO and FTC admitted this is a failure
- because it
has had the result of changing the process of
software innovation
for the worse, not the better. You could now
make a strong
case for reversing this decision and excluding
software entirely.
Blackbox v Whitebox - what we do in OASIS is
develop whitebox
specifications. Blackbox stuff is things like
I used to work-on -
like parallel processing algorithms for computer
detection
of image patterns in image bitstreams. This
is delivered as
a compiled library - where the code has been
obfuscated
and reverse engineering of the inner algorithms is
harder
than just developing your own algorithms.
Time to market
factors negate any patent protection in
anycase.
So - I would argue that whitebox development by its
very
nature is likely to always be around obvious and
unpatentable
concepts and especially in an open standard
community -
because if it ain't obvious - your adoption rates
are going to
be low!
Be that as it may - the other problem I see
with patents
and software is the level of research effort
compared to the
redress afforded in patent liability law.
It's like handing
every terrorist who wants one an atomic bomb.
If
software patents are to continue - then there needs
to
be a graduated scale of liability. Anyway - I
don't want
to take up bandwidth here discussing all this in
detail.
Back to the point at hand - which is I'm still not
seeing
how the OASIS IPR changes afford any
protection
except to encourage
and foster yet more IPR by
acknowledging that we might have processes that IPR
applies too in the
first place!
This is why I was arguing that we need options
that
allow TC's to specifically distance their work from
any form of IPR so as to keep a clear and
visible
distinction in place.
This particularly applies to open source
implementations and the sub-licensing
proposed
options which clearly conflict. We see
that
the Apache project and IETF are taking clear
stands on this - so why are we adopting
policies
that potentially inhibit use of our specifications
in
such environments?
This still has not been resolved here that I have
seen - other than directives that "it's in there -
trust us".
For those TCs effected by this - I don't believe
we
have a clear and simple option that can
support
the basis of their existing work going forward
here
in 2005. But maybe that's the whole point -
to
make IPR the norm, not the exception, and
thus
fundamentally change the nature of "open
specifications"?
DW
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