Some months after the initial controversy surrounding its
consideration of software patents in Web standards, the W3C has
released a document outlining its stance regarding, and procedures
for dealing with, proposed standards that might include patented
technologies.
This current practice has evolved in order to satisfy
the goal held by a number of W3C Members and significant parts of
the larger Web community: that W3C Recommendations should be, as
far as possible, implementable on a Royalty-Free basis [AC]. The
current practice described here seeks to
establish Royalty-Free implementation as a goal for
Recommendations produced by new and re-chartered Working
Groups;
encourage maximum disclosure of patents that might prevent a
W3C Recommendation from being implemented on a Royalty-Free
basis;
provide a process for addressing situations in which the goal
of Royalty-Free implementation may not be attainable.
This document relies on the definition of Royalty-Free licensing
as described in the W3C Patent Policy Framework Last Call Working
Draft [PATENT-POLICY]. Note that current W3C patent practice does
not require any W3C Member to make a Royalty-Free licensing
commitment for essential patents it may hold. Such a commitment is
under discussion in the Patent Policy Working Group for possible
inclusion in of the final patent policy, but has not been
implemented."
