The World Wide Web Consortium (W3C) has in a discussion paper explained the difficulties which it is encountering in an environment where basic calculation tasks are being patented. In order to motivate patent owners to cooperate, W3C proposes to allow "less basic" standards to be usable only against payment of "reasonable and non-discriminatory" of royalties to a consortium of patentees. This has sparked controversy, particularly because the burden could be unjustifiably onerous and completely exclude free/opensource software.
W3C deliberating about fee-based standards. The W3C director explains what caused the W3C to envisage this possibility. Apparently a group of companies is pushing for this, while other, namely Canon, HP and Oracle are not.
A proposal of this kind cannot be promulgated like just another standard, because it implies a change of contract of the W3C members. Before thinking about such a proposal, the W3C should oblige its members and friends to use all available means to defend free standards against patent extortionists.
An economist explains why fee-based standards on information innovation are unjustified and generate perverse consequences, and why they could, at least in Europe, run afoul of competition law and be declared invalid. Sees the W3C proposal as an attempt by a group of large US based companies to enforce artificially high prices in their favor and to exclude free/opensource software.
explains from experience in ITU committees, how RAND procedures slowed down the adoption of new standards and made it extremely difficult for small companies to compete in the telecommunications area.