The Internet Society recently issued a paper on “Intellectual Property on the Internet“,written by Konstantinos Komaitis, a policy advisor at the Internet Society. As the title of the paper indicates, the paper focuses on only one policy issue – the need to reshape the role and position of intellectual property. The central thesis of the paper is that “industry-based initiatives focusing on the enforcement of intellectual property rights should be subjected to periodic independent reviews as related to their efficiency and adherence to due process and the rule of law.”
The author cites the August 2012 announcement of “The Modern Paradigm for Standards Development” which recognizes that the economics of global markets, fueled by technological advancements, drive global deployment of standards regardless of their formal status. In this paradigm, standards support interoperability, foster global competition, are developed through an open participatory process, and are voluntarily adopted globally.” These “OpenStand” principles were posited by the Institute of Electrical and Electronics Engineers (IEEE), the Internet Engineering Task Force (IETF), the Internet Architecture Board (IAB), the Internet Society, and the World Wide Web Consortium (W3C).
Komaitis conveniently overlooks the nearly 700 other organizations (formal and otherwise) that develop standards. And that nearly all industries depend upon standards. And that governments are aware of the power of standards to create economic policy and drive and sustain economic growth. Instead, the author focuses on one small aspect of standards – intellectual property.
Another issue conveniently overlooked is how to fund standards development. Komaitis asserts that “…industry-based initiatives ….should be subjected to periodic independent reviews… ” He misses the fact that industry funds nearly all of the standards organizations in existence. Absent industry funding for participants, charging for standards, and acceptance of standards in product creation, would cause the entire standardization arena to become extinct.
The author seems to be arguing for a revision of intellectual property rights (IPR) rules in standardization – when, in fact, there is no real demand from the industry as a whole. Komaitis is really asking for an “intellectual property rights carve out” for standards related to the Internet. Looking at the big picture, the plea that it is necessary to rejigger world-wide IPR rules to prevent putting the State or courts “in the awkward position of having to prioritize intellectual property rights over the Internet’s technical operation…” seems trite and self-serving.
There is a claim that “the Internet Society will continue to advocate for open, multi-participatory and transparent discussions and will be working with all stakeholders in advancing these minimum standards in all intellectual property fora.” Perhaps the Internet Society could look at what already exists in the International Organization for Standardization (ISO) or the World Trade Organization (WTO) or perhaps even the International Telecommunications Union (ITU) to see how a majority of the “stakeholders” worldwide already deal with these issues – and then maybe get back to actually solving the technical issues at which the IETF excels.