ECMA has just published two documents (letter1 and letter2) related to the patent licensing of ECMA376v1 and ECMA376v2. Microsoft promises to give a patent license under so called "reasonable terms". Reasonable for whom?
Here is the letter for the ECMA376v1:
Here is the letter for the ECMA376v2:
If you have some time, you could transcript it for blind people and bloggers to quote it.
Patents: Solid and proven patent policy and practice:
The General Assembly of Ecma shall not approve
recommendations of Standards which are covered by
patents when such patents will not be licensed by their
owners on a reasonable and non-discriminatory basis.”
However, Ecma does not:
- Assess the essentiality and validity of patents for implementation of a standard, nor
- Conduct patent searches for patents used in standards, nor
- Define the term “Reasonable And Non Discriminatory” (RAND)
We have requested a commercial patent license in July, but radio silence since then on the Microsoft side. Yet another proof that the patent system does not work.
The ECMA code of conduct in patent matters is here:
The General Assembly of Ecma shall not approve recommendations of Standards which are covered by patents when such patents will not be licensed by their owners on a reasonable and non-discriminatory basis.
In case the proposed Standard is covered by issued patents of Ecma members only: Members of the General Assembly are asked to state the Company licensing policy with respect to these patents.
I wonder what the latest requirement means. Nobody knows exactly which Microsoft patents covers the specification. Nobody has ever seen the list.