Give OpenGL legal protection from any threat by Microsoft: Have it legally declared a critical access to an “essential facility”. The essential facility here is the OS, with the required access being the API represented by OpenGL. Companies are not allowed to monopolize or restrict access to an essential facility.
OpenGL is used in approximately 90-95% of industrial applications. (Number quoted from a Microsoft employee recently). These applications include many critical to the health, welfare and safety of the general public.
Critical applications using OpenGL include Computer Aided Design (CAD), industrial plant design, mechanical design, architecture, medical imaging, etc. The industrial plants designed with OpenGL produce every manufactured or refined product essential to human life including: food processing plants, pharmecutical plants (including plants that make vaccines), oil refineries, etc.
Loss of the use of OpenGL or a degradation in the performance and quality of OpenGL would constitute both a danger to the public welfare and a serious economic hardship on the companies producing vitally important industrial design software using OpenGL. These companies have invested heavily in producing reliable and long lived software for serious applications essential to human life. Its both expensive and time consuming to have to constantly re-write the graphics software, re-certify the whole product and re-deploy an industrial application just so that it will run on the latest version of an OS. Being able to upgrade easily to the latest and fastest hardware, could mean the difference between life and death in some time critical medical diagnostic applications.
Entertainment software such as games are a different product altogether from serious industrial applications. Games while entertaining are not critical to human life. Games also have a very short life span and are less affected by constant changes to a graphics API such as DirectX.
OpenGL has been a reliable and stable API providing a very long lifetime for critical industrial applications. OpenGL Applications written more than 10 years ago on OpenGL 1.0 still run on the newest version, OpenGL 2.0. The design applications are in use for many years during the design and construction process. Typically it can take 3 to 7 years or more to design and build a complex industrial plant. The stability and performance of OpenGL is critical to the successful completion of such a complex and important project. Every version of OpenGL is a superset of the versions before. OpenGL applications written on any older version of OpenGL are always guaranteed to work on any newer version of OpenGL. The DirectX graphics API has been re-written in approximately 9 versions since its inception. Some versions of DirectX were radically different from other DirectX versions. The longevity of DirectX applications has been adversely affected by its everchanging interface. An everchanging or poorly performing graphics API is not an acceptable substitute for OpenGL API with its proven characteristics of performance, reliability, stability and longevity.
OpenGL is a serious tool used in serious applications critically important to the welfare of virtually every human being on the face of the earth. Its time to give it legal protection as the access to an “essential facility”.
What is an “essential facility”?
The following information was gleaned from various web sites:
There is a well established legal doctrine of an “essential facility”. Such policies and jurisprudence specify when the owner of an “essential” facility is required by law to provide access to that facility at a “reasonable” price.
An essential facility can be a product such as a raw material, or a service, including access to a place such as a harbour or a distribution network such as a telecommunication network. Essential facilities do not require “infrastructure”. It may be a service connected to infrastructure, e.g. ground handling, or a service with no such connection e.g. interlining. It may also be technical information necessary to competitors such as competitors in the computer peripherals market. Copyright protected daily TV listings used in weekly TV guides (Magill case) or data on Telco customers needed for telephone directory publishers. Under antitrust case law some of the following facilities have been deemed essential: railway bridges, telecommunications network, local electricity transmission network, sports stadium and a multi-day ski-pass scheme. Under EU
case law some facilities deemed essential are: ports (see Sea Containers v Stena Sealink and Port of Rodby), telecoms network infrastructure, electricity and postal networks, gas or fuel pipelines, computer reservations systems for airport airlines (see LEA v Sabena), ground handling services at airports, interlining (see Aer Lingus v British Midland) and payment systems in the financial sector.
Consumer and data protection laws may also apply here and some may be more relevant to the issues discussed here.

