[I originally sent a version of this to the W3C’s Patents and Standards Interest Group, where a fellow member asked me to post it more publicly. Since then, others have also blogged in related veins.]

It is often said that open source and open standards are different, because in open source, a diversity of forks is accepted/encouraged, while “forked” standards are confusing/inefficient since they don’t provide “stable reference points” for the people who have to implement the spec.

Here is the nutshell version of a critical way in which open source and open standards are in fact similar, and why licensing that allows forking therefore matters.

Open source and open standards are similar because both are generally created by communities of collaborators who must trust each other across organizational boundaries. This is relevant to the right to fork, because the “right to fork” is an important mechanism to help those communities trust each other. This is surprising – the right to fork is often viewed as an anti-social right, which allows someone to stomp their feet and walk away. However, it is also pro-social: because it makes it impossible for any one person or organization to become a single point of failure. This is particularly important where the community is in large part a volunteer one, and where a single point of failure is widely perceived to have actually failed in the past.

Not coincidentally, “largely volunteer” and “failed single point of failure” describes the HTML working group (HTML WG) pretty closely. W3C was a single point of failure for HTML, and most HTML WG participants believe W3C’s failures stalled the development of HTML from 1999 to 2006. For some of the history, see David Baron’s recent post; for a more detailed

history by the author of HTML5, you can look in the spec itself.

Because of this history, the HTML WG participants voted for permissive licenses for their specification. They voted for permissive licenses, even though many of them have the most to gain from “stable reference points”, since they are often the ones who (when not writing the standards) are the one paid to implement the standards!

An alternate way to think about this is to think of the forkable license as a commitment mechanism for W3C: by committing to open licensing for the specification, W3C is saying to the HTML WG community “we will be good stewards – because we know otherwise you’ll leave”. (Alternate commitment mechanisms are of course a possibility, and I believe some have been discussed – but they’d need careful institutional design, and would all result in some variety of instabililty.)

So, yes: standards should be stable. But the options for HTML may not be “stable specification” or “unstable specification”. The options, based on the community’s vote and discussions, may well be “unstable specification” or “no (W3C) specification at all”, because many of the key engineers involved don’t appear to trust W3C much further than they can throw it. The forkable license is a popular potential mechanism to reduce that trust gap and allow everyone to move forward, knowing that their investments are not squandered should the W3C screw up again in the future.