Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-12-02 Thread Simon Josefsson
Brian E Carpenter brian.e.carpen...@gmail.com writes: On 2009-12-01 23:57, Simon Josefsson wrote: Scott Brim scott.b...@gmail.com writes: Simon Josefsson allegedly wrote on 11/30/2009 10:11 AM: There is no requirement in the IETF process for organizations to disclose patents as far as I

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-12-01 Thread Arnt Gulbrandsen
Simon Josefsson writes: Arnt Gulbrandsen a...@gulbrandsen.priv.no writes: Simon Josefsson writes: There is no requirement in the IETF process for organizations to disclose patents as far as I can see. The current approach of only having people participate, and disclose patents, in the

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-12-01 Thread Tobias Gondrom
Arnt Gulbrandsen wrote: Simon Josefsson writes: Arnt Gulbrandsen a...@gulbrandsen.priv.no writes: Simon Josefsson writes: There is no requirement in the IETF process for organizations to disclose patents as far as I can see. The current approach of only having people participate, and

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-12-01 Thread Simon Josefsson
Scott Brim scott.b...@gmail.com writes: Simon Josefsson allegedly wrote on 11/30/2009 10:11 AM: There is no requirement in the IETF process for organizations to disclose patents as far as I can see. The current approach of only having people participate, and disclose patents, in the IETF is

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-12-01 Thread Brian E Carpenter
On 2009-12-01 23:57, Simon Josefsson wrote: Scott Brim scott.b...@gmail.com writes: Simon Josefsson allegedly wrote on 11/30/2009 10:11 AM: There is no requirement in the IETF process for organizations to disclose patents as far as I can see. The current approach of only having people

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-30 Thread Simon Josefsson
Brian E Carpenter brian.e.carpen...@gmail.com writes: On 2009-11-24 06:44, Steven M. Bellovin wrote: On Mon, 23 Nov 2009 08:16:49 -0500 Scott Brim scott.b...@gmail.com wrote: Simon Josefsson allegedly wrote on 11/23/2009 5:03 AM: John-Luc said he is bound by confidentiality obligations

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-30 Thread Thierry Moreau
Simon Josefsson wrote: Brian E Carpenter brian.e.carpen...@gmail.com writes: On 2009-11-24 06:44, Steven M. Bellovin wrote: On Mon, 23 Nov 2009 08:16:49 -0500 Scott Brim scott.b...@gmail.com wrote: Simon Josefsson allegedly wrote on 11/23/2009 5:03 AM: John-Luc said

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-30 Thread Arnt Gulbrandsen
Simon Josefsson writes: There is no requirement in the IETF process for organizations to disclose patents as far as I can see. The current approach of only having people participate, and disclose patents, in the IETF is easy to work around by having two persons in an organization doing

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-30 Thread Simon Josefsson
Arnt Gulbrandsen a...@gulbrandsen.priv.no writes: Simon Josefsson writes: There is no requirement in the IETF process for organizations to disclose patents as far as I can see. The current approach of only having people participate, and disclose patents, in the IETF is easy to work around by

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-30 Thread Brian E Carpenter
On 2009-12-01 06:03, Thierry Moreau wrote: Simon Josefsson wrote: Brian E Carpenter brian.e.carpen...@gmail.com writes: On 2009-11-24 06:44, Steven M. Bellovin wrote: On Mon, 23 Nov 2009 08:16:49 -0500 Scott Brim scott.b...@gmail.com wrote: Simon Josefsson allegedly wrote on

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-30 Thread Scott Lawrence
On Mon, 2009-11-30 at 18:50 +0100, Simon Josefsson wrote: Arnt Gulbrandsen a...@gulbrandsen.priv.no writes: Simon Josefsson writes: There is no requirement in the IETF process for organizations to disclose patents as far as I can see. The current approach of only having people

RE: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-30 Thread Glen Zorn
Arnt Gulbrandsen [mailto://a...@gulbrandsen.priv.no] writes: Simon Josefsson writes: There is no requirement in the IETF process for organizations to disclose patents as far as I can see. The current approach of only having people participate, and disclose patents, in the IETF is easy to

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-28 Thread Brian E Carpenter
On 2009-11-24 06:44, Steven M. Bellovin wrote: On Mon, 23 Nov 2009 08:16:49 -0500 Scott Brim scott.b...@gmail.com wrote: Simon Josefsson allegedly wrote on 11/23/2009 5:03 AM: John-Luc said he is bound by confidentiality obligations from his company, and I think the same applies to most

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-23 Thread Simon Josefsson
Russ Housley hous...@vigilsec.com writes: John-Luc: I am sending this note to help you understand the IETF IPR policies; they are fully described in BCP 79 (http://www.ietf.org/rfc/bcp/bcp79.txt). I hope this note clarifies the responsibilities of RIM employees (and anyone else) who

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-23 Thread Dave Cridland
On Mon Nov 23 10:03:25 2009, Simon Josefsson wrote: John-Luc said he is bound by confidentiality obligations from his company, and I think the same applies to most employees of larger organizations. There is nothing explicit in BCP 79 to protect against this apparent conflict of interest, or

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-23 Thread Simon Josefsson
Dave Cridland d...@cridland.net writes: On Mon Nov 23 10:03:25 2009, Simon Josefsson wrote: John-Luc said he is bound by confidentiality obligations from his company, and I think the same applies to most employees of larger organizations. There is nothing explicit in BCP 79 to protect

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-23 Thread Scott Brim
Simon Josefsson allegedly wrote on 11/23/2009 5:03 AM: John-Luc said he is bound by confidentiality obligations from his company, and I think the same applies to most employees of larger organizations. There is nothing explicit in BCP 79 to protect against this apparent conflict of interest,

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-23 Thread Steven M. Bellovin
On Mon, 23 Nov 2009 08:16:49 -0500 Scott Brim scott.b...@gmail.com wrote: Simon Josefsson allegedly wrote on 11/23/2009 5:03 AM: John-Luc said he is bound by confidentiality obligations from his company, and I think the same applies to most employees of larger organizations. There is

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-23 Thread Phillip Hallam-Baker
I don't see the issue as being whether the decision would have been different, the rules were not followed. Rescinding the decision is certainly appropriate. It would be useful to know whether any other parties have implemented this spec to date. If so the situation is rather different since the

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-23 Thread Phillip Hallam-Baker
This was the case in the past. Recently one of my lawyers suggested that this is not necessarily the case at present. The USPTO appears to be (slowly) getting its act together. While USPTO behavior has been rent-seeking in recent years, preferring to issue stupid patents rather than risk being

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-22 Thread Thierry Moreau
Russ Housley wrote: John-Luc: I am sending this note to help you understand the IETF IPR policies; they are fully described in BCP 79 (http://www.ietf.org/rfc/bcp/bcp79.txt). I hope this note clarifies the responsibilities of RIM employees (and anyone else) who participate in IETF. IETF

RE: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-20 Thread Russ Housley
John-Luc: I am sending this note to help you understand the IETF IPR policies; they are fully described in BCP 79 (http://www.ietf.org/rfc/bcp/bcp79.txt). I hope this note clarifies the responsibilities of RIM employees (and anyone else) who participate in IETF. IETF participants engage

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-19 Thread Alexey Melnikov
Cullen Jennings wrote: On October 8, the IESG approved the registration of application/3gpp-ims+xml Media Type. On Nov 2, RIM filed an IPR disclosure related to this at https://datatracker.ietf.org/ipr/1219/ The associated patent, filed Oct 2008, is at

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-19 Thread John C Klensin
FWIW, I agree with Brian. Pulling this (waiting until the IESG approves and only then filing the disclosure) on a media type registration seems particularly egregious but is, in any event, exactly the type of situation the IPR rules are intended to prevent. Like him, I believe that the IESG can

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-19 Thread Scott Lawrence
On Wed, 2009-11-18 at 19:02 -0700, Cullen Jennings wrote: On October 8, the IESG approved the registration of application/3gpp- ims+xml Media Type. On Nov 2, RIM filed an IPR disclosure related to this at https://datatracker.ietf.org/ipr/1219/ The associated patent, filed Oct 2008, is

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-19 Thread ned+ietf
FWIW, I agree with Brian. Pulling this (waiting until the IESG approves and only then filing the disclosure) on a media type registration seems particularly egregious but is, in any event, exactly the type of situation the IPR rules are intended to prevent. Like him, I believe that the IESG

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-19 Thread Stephan Wenger
Hi, I would suggest to handle this issue calmly from here on. In this specific case, even assuming validity of the patent, the rightholder may already have a enforceability problem based on what I also perceive as a clear IETF process violation. As the very minimum, if the patent were ever

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-19 Thread tytso
On Thu, Nov 19, 2009 at 10:51:16AM -0800, Stephan Wenger wrote: The mechanisms to challenge the validity of a patent depend on the legislation. In the US, one example is a request for re-examination. A good foundation for such a request would be the presence of Prior Art not considered

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-19 Thread Stephan Wenger
Hi Ted, I believe you are right. Let me further add a) it's IMO foolish to attempt to force re-examination without a *good* patent lawyer (even if it's allowed in the US), and b) that, AFAIK, this aspect of the perceived brokenness of the patent system is not local to the US. Stephan On

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-19 Thread John Levine
The associated patent, filed Oct 2008, is at http://www.google.com/patents?id=Mk7GEBAJ and the related draft is http://tools.ietf.org/html/draft-bakker-sipping-3gpp-ims-xml-body-handling Quite aside from the question of what the IESG should do about the registration, my reading of

RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-18 Thread Cullen Jennings
On October 8, the IESG approved the registration of application/3gpp- ims+xml Media Type. On Nov 2, RIM filed an IPR disclosure related to this at https://datatracker.ietf.org/ipr/1219/ The associated patent, filed Oct 2008, is at http://www.google.com/patents?id=Mk7GEBAJ and the

Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

2009-11-18 Thread Brian E Carpenter
How about the IESG simply rescinds its decision in this week's meeting? I don't see any need for an appeal; if there's a prima facie violation of the disclosure rules, it's just a management item. Much less bother than an appeal. Of course, the rescission would be subject to appeal, but that's