The fear is that a casual patent be turned into a fundamental one by virtue of it being made into a standard. The RAMBUS concern is a real one.
This is something that I believe should be decided at the level
of the community as a whole rather than one working group and
further should allow for license terms to be accepted on a general basis so that we do not have this issue in every case.
We might be able to get further if we knew the reason for Microsoft's
insistence on explicit execution of a contract. They appear to me
to have a concern about notice of the contract terms and believe
that constructive notice may not be effective in achieving reciprocity.