xmlhack: Is W3C work incompatible with the GPL?

A recent discussion on www-dom-ts@w3.org highlights ways in which the W3C's model of collaborative development is quite different from some popular open source models.

While Curt Arnold was developing a set of XSLT transformations as a framework for the test suite work (which is being done in public), he concluded:

"I've been working under an assumption of good faith and have been making stuff available with no explicit copyright or terms of use. However, I'm starting to get a little uncomfortable with my personal exposure by doing this. By asserting a copyright and GPL, I at least cover myself by providing a standard liability disclaimer. I'm still free to donate the code to the W3C, when and if desired, to be released under an appropriate license."

Phillippe Le Hegaret, W3C DOM Activity Lead, replied that:

"The W3C DOM Test Suites cannot work under the GPL license or take the risk to not be able to use the result of the work being done in the DOM Test Suites Mailing List. You have clearly the right to hold the copyright on your work but, by not giving the rights to the W3C to reuse it, we are currently stopped.... I, as DOM Activity Lead for the W3C, cannot rely the DOM Test Suites for DOM Level 1, 2 and 3 on the GNU Public License. Unless we find a way to put them under the W3C Software Copyright License, we won't be able to use the current proposed framework for the W3C DOM Conformance Test Suites. The materials provided through the W3C must be available to the Web community at large. We cannot continue to go down a path that will lead to personal copyrighting."

Le Hegaret did offer options for continuing, noting that the W3C would move the test suite work from the Document License to the less-restrictive Software License:

"Since the XML Framework and XML tests will be under the W3C Software Copyright license, you will be able to modify and provide an independent work from the results of the DOM Test Suites. Also, since we recognize your rights to hold the copyright on your work, you will be totally free to do whatever you want with your work. But we need your approval of the following paragraph: 'You grant to the W3C, a perpetual, nonexclusive, royalty-free, world-wide right and license under any copyrights in this contribution to copy, publish and distribute the contribution, as well as a right and license of the same scope to any derivative works prepared by the W3C and based on or incorporating all or part of the contribution. You further agree that any derivative works of this contribution prepared by the W3C shall be solely owned by the W3C.'"

but also delivered a stern warning about the impact of GPL'd work on the openness of W3C process:

"Unless the current situation regarding the framework is clarified before the 20th of June 2001, the W3C (and NIST) will have to reconsider the current DOM Test Suites work, including moving the development out of the public mailing list to avoid future copyright issues."

Further information on W3C positions regarding intellectual property is available in their Intellectual Property FAQ.

Update: Continuing discussion suggests that Curt Arnold and the W3C are moving toward an amicable resolution.