RE: IETF IP Contribution Policy

2007-01-27 Thread Yaakov Stein
 
Larry Rosen, 

It is indicative of your letter's content that the introduction
informs us that the IETF is the SDO responsible for Ethernet
and WiFi (well, they both start with IE don't they?).

Getting down to the letter itself.

  IETF, the most democratic and open of standards organizations, 
  is proposing a contribution policy that, simply put, may result in
standards 
  that are not truly open for implementation and use in open source
software. 
  This draft formal policy ... expressly omits any patent licenses.

Do you expect us to issue an RFC stating that anyone who submits an ID 
automatically grants a world-wide royalty-free license to use the
described technology ?

I doubt that this is a reasonable expectation.
Many IETF participants do not have the authority to grant such license
terms,
and even were all authors to grant such licenses,
I assume that you realize that their may be other parties
holding IPR rights who have not participated.

So I guess you furthermore expect anyone who submits an ID
to indemnify eveyone with regards to third party IPR rights?

These issues have been around for years, 
and the reasonable path, taken by the IETF, ITU and most other SDOs
is to require participants to disclose their IPR,
and to encourage them to disclose any IPR about which they know.

Y(J)S

___
Ietf mailing list
Ietf@ietf.org
https://www1.ietf.org/mailman/listinfo/ietf


RE: IETF IP Contribution Policy

2007-01-24 Thread Hallam-Baker, Phillip
Well you start by mistaking the IETF for a democratic body. It isn't. There are 
no members and no elections.

I don't think that you are raising issues that the IETF participants are not 
aware of. All things being equal practically every participant would prefer 
RAND+Zero cost licensing terms on all IPR grants.

Almost every IETF WG attempts to secure these terms, the problem is that there 
are cases where it is simpoly not possible to secure them. In particular there 
was no way to develop PKI based standards on that basis before the expiry of 
the Diffie-Hellman patent.

The more relevant concern is that the IETF policy allows for infinite shades of 
grey. Licensing terms are left to individual WGs to negotiate, a situation that 
reduces the strategic negotiating leverage of the IETF. A large company that 
makes a compromise to WG X cannot expect this to be considered a precedent that 
other companies will be required to respect in WG Y. They can however be 
expected to provide terms at least as generous in WG Y themselves.


The solution is to adopt the OASIS approach of a small set of clearly defined 
IPR regimes and to require WGs to specify their chosen IPR regime during the 
chartering process. 

This would allow the creation of standardized IPR licenses for the particular 
regimes. There is no particular reason why the Microsoft IPR grant should be 
worded any differently to the IBM or VeriSign grant if they are intended to 
provide the same rights.
 
I would expect that formation of groups on terms other than RANDZ would be very 
rare, possibly non-existent. If someone has an effective patent claim and 
expects to charge royalties then let them write the specification themselves. 
They have the means to enforce compliance. I don't see why others would want to 
do that for them.


I think that this approach also misses the fact that the real problem with IPR 
is not the actions of WG participants. The real problem is the behavior of 
non-participating patent trolls.


> -Original Message-
> From: Lawrence Rosen [mailto:[EMAIL PROTECTED] 
> Sent: Wednesday, January 24, 2007 2:28 PM
> To: license-discuss@opensource.org; 
> [EMAIL PROTECTED]; ietf@ietf.org
> Cc: ipr-wg@ietf.org
> Subject: IETF IP Contribution Policy
> 
> FYI about the IETF IP Contribution Policy, please see the 
> following link:
> http://blogs.zdnet.com/BTL/?p=4342  
> 
> /Larry Rosen
> 
> 
> ___
> Ietf mailing list
> Ietf@ietf.org
> https://www1.ietf.org/mailman/listinfo/ietf
> 

___
Ietf mailing list
Ietf@ietf.org
https://www1.ietf.org/mailman/listinfo/ietf


IETF IP Contribution Policy

2007-01-24 Thread Lawrence Rosen
FYI about the IETF IP Contribution Policy, please see the following link:
http://blogs.zdnet.com/BTL/?p=4342  

/Larry Rosen


___
Ietf mailing list
Ietf@ietf.org
https://www1.ietf.org/mailman/listinfo/ietf