On Feb 10, 2009, at 2:24 PM, Noel Chiappa wrote:
From: "Lawrence Rosen" <lro...@rosenlaw.com>
The result of the FSF campaign has been to raise a legal concern
obviously important to many of us: Will users of the proposed IETF
TLS
specification require patent licenses from RedPhone to use such
implementations in the US or elsewhere?
That point could have been raised _much_ more efficiently with a
single email
message from someone such as yourself.
I don't yet know the answer to this question. Does anyone here?
I'm not sure I'd really believe any determination short of a court's
anyway -
attorneys can advise, but until the proverbial butcher-baker-
candlestickmaker
get their say after a trial, it's got an element of coin-toss to it,
no?
In my experience, attorneys will almost never give hard answers to
questions like this. And it
typically takes a few million dollars in coins to make a toss.
Regards
Marshall
If the TLS specification really is patent-encumbered, in the
professional view of experts who have reason to understand the
details,
my vote here and those of many FSF members and FOSS advocates too
will
be to have nothing more to do with it.
Taking no strong position on this particular specification (which is
not in my
area of interest), but, as a general observation, nothing says
anyone has to
use any particular IETF specification. If you don't want to mess
with a
potential patent hassle, just don't use it.
The IETF is just a place to create standards in an open way, and it
seems
there is some open community of experts interested in this area who
seem to
have determined that the advantages of using an encumbered solution
here
outweigh the disadvantages.
An effective critique of that judgement _does not_ mean just saying
'encumbered technology is bad', because most of us already agree
with that
general statement. One would have to understand the details of why
they felt
that that the advantages of using this particular encumbered solution
outweighed the obvious disadvantages, and show where the problem
with that
reasoning was.
Alternatively, if there are a community of people who see a need,
and don't
like using a patent-encumbered solution, they can create an
alternative not so
hampered - and the IETF would, I would expect, be happy to afford
them an open
forum to do so.
Noel
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