Re: IPR at IETF 54

2002-06-03 Thread Dave Crocker
At 02:09 PM 5/31/2002 -0400, Theodore Ts'o wrote: So we seem to have only a few work items suggested so far: >I think the problem is that while there is (very) rough consensus >IETF-wide that there is a strong cultural bias against patent >encumberances (*), this bias is not adequately documented

Re: IPR at IETF 54

2002-06-02 Thread Vernon Schryver
> From: Harald Tveit Alvestrand <[EMAIL PROTECTED]> > ... > >> (And yes, this would be a case of "the Good Guys file a bull-manure > >> patent to pre-empt the Evil Guys from filing a bull-manure patent" - but > >> until the Patent Office gets their act together we're stuck with borked > >> softwa

Re: IPR at IETF 54

2002-06-02 Thread Harald Tveit Alvestrand
--On 31. mai 2002 07:54 -0600 Vernon Schryver <[EMAIL PROTECTED]> wrote: >> >> I guess what I was asking was how the IETF would feel about an >> organization grabbing a patent on an algorithm and using it the same way >> the GNU crew uses copyright on source code. (Remember - the GNU >> copyr

Re: IPR at IETF 54

2002-06-01 Thread Joel M. Halpern
In general, this IPR debate seems to be missing several relevant parts of the discussion. The discussion seems to be focussed on the case where a company brings forward a proposal, and simultaneously has or applies for a patent. That is one interesting case. It does cause problems. It is har

Re: IPR at IETF 54

2002-05-31 Thread Vernon Schryver
> From: Pekka Savola <[EMAIL PROTECTED]> > ... > .. If it takes a lawyer to write (or understand) licensing terms, they're > probably too complex .. Something like "the programmer who is his own IP lawyer has a fool for a client" applies. In other words, if you need to sign a license, then it ta

Re: IPR at IETF 54

2002-05-31 Thread Pekka Savola
On Fri, 31 May 2002 [EMAIL PROTECTED] wrote: > On Fri, 31 May 2002 08:40:17 +0300, Pekka Savola said: > > > A bad thing IETF could do (but not the worst luckily :-) is to give a > > signal "Ok.. feel free to patent and give RAND licensing.. depending how > > good it is, we might give it a standar

Re: IPR at IETF 54

2002-05-31 Thread Brian E Carpenter
Bill Strahm wrote: > > On Thu, 30 May 2002, RJ Atkinson wrote: > > > > > On Thursday, May 30, 2002, at 09:48 , Melinda Shore wrote: > > > Here's one for starters: there's no guidance on how or whether to > > > treat differences in licensing terms for competing proposals. It > > > would be nice

Re: IPR at IETF 54

2002-05-31 Thread Theodore Ts'o
On Thu, May 30, 2002 at 11:13:24PM -0500, Dave Crocker wrote: > To underscore the point that Marshall has been making: > > The IETF has a strong preference to use unencumbered technologies. When > there is a choice between encumbered and unencumbered, the working group > includes encumbrance i

Re: IPR at IETF 54

2002-05-31 Thread Carsten Bormann
> I think the most effective thing would be to send a strong signal of some > kind: "If you patent technologies and give non-RF licenses, _do not expect > the technology be supported in IETF at all_". The problem is that there are enough companies out there that don't care. There are some area

RE: IPR at IETF 54

2002-05-31 Thread Christian Huitema
> | And the flip side - we've moved an amazingly SMALL number of documents > | to Full Standard, and only when we *think* we *fully* understand > things. > > That's the problem. Or it is with the IPR issues. It is determining > whether > we can make that final step (widespread deployment

Re: IPR at IETF 54

2002-05-31 Thread Vernon Schryver
> From: [EMAIL PROTECTED] > ... > The problem is that you can publish the same document, and then some > sleazeball competitor patents it, because the patent office does such > a poor job of researching "prior art". That seems to be based on the false notion that the patent office checks even it

Re: IPR at IETF 54

2002-05-31 Thread Valdis . Kletnieks
On Fri, 31 May 2002 07:54:49 MDT, Vernon Schryver <[EMAIL PROTECTED]> said: > In theory that could happen. It may have happened in practice with > the Ethernet patent. But what's the point? What is gained by > winning such a patent from government(s) compared to publishing > the same document

Re: IPR at IETF 54

2002-05-31 Thread Robert Elz
Date:Fri, 31 May 2002 11:48:24 -0400 From:[EMAIL PROTECTED] Message-ID: <[EMAIL PROTECTED]> | How would that work (having 2 full standards for the same exact thing)? Depends on what the thing is, and how precisely you mean "the same exact thing". In some cases it

Re: IPR at IETF 54

2002-05-31 Thread Valdis . Kletnieks
On Fri, 31 May 2002 22:34:06 +0700, Robert Elz said: > Yes, that's true - but it would be even easier if the new one were a > full standard (even if the old one was too). How would that work (having 2 full standards for the same exact thing)? msg08440/pgp0.pgp Description: PGP signature

Re: IPR at IETF 54

2002-05-31 Thread Robert Elz
Date:Fri, 31 May 2002 09:03:43 -0400 From:[EMAIL PROTECTED] Message-ID: <[EMAIL PROTECTED]> | OK.. I'll bite - at what point should a not-yet-full standard expire to | historic? Pretty quickly. What the max period at DS should be I'm not sure, but certainly no

Re: IPR at IETF 54

2002-05-31 Thread Vernon Schryver
> From: [EMAIL PROTECTED] > > In still other words, don't you remember the years of pain > > Motorola/Codec caused PPP with those two bogus patents? > > I guess what I was asking was how the IETF would feel about an organization > grabbing a patent on an algorithm and using it the same way the GN

Re: IPR at IETF 54

2002-05-31 Thread Valdis . Kletnieks
On Fri, 31 May 2002 07:12:50 MDT, Vernon Schryver <[EMAIL PROTECTED]> said: > In still other words, don't you remember the years of pain > Motorola/Codec caused PPP with those two bogus patents? I guess what I was asking was how the IETF would feel about an organization grabbing a patent on an

Re: IPR at IETF 54

2002-05-31 Thread John Stracke
>> Right. Standards exist so that we can get interoperability; expensive >> licenses limit interoperability. > >No, expensive licenses place an upper bound on the number of >interoperable implementations. I believe it comes to the same thing. Interop is not actually the end goal; it is a tool

Re: IPR at IETF 54

2002-05-31 Thread Vernon Schryver
> From: [EMAIL PROTECTED] > Patents *in and of themselves* are not a Bad Thing. As far as the IETF goes, > the problem only arises when the patent is used to enforce a restrictive > licensing policy. > >Can anybody think of a reason the IETF should object to patented tech *per se*, >as opposed to

Re: IPR at IETF 54

2002-05-31 Thread Valdis . Kletnieks
On Fri, 31 May 2002 16:09:47 +0700, Robert Elz said: > My suggestion to fix this problem is quite simple > > No more last calls before moving protocols to historic, > except where they're full standards already. > > For everything else, going to historic should be automatic. That i

Re: IPR at IETF 54

2002-05-31 Thread Valdis . Kletnieks
On Fri, 31 May 2002 08:40:17 +0300, Pekka Savola said: > A bad thing IETF could do (but not the worst luckily :-) is to give a > signal "Ok.. feel free to patent and give RAND licensing.. depending how > good it is, we might give it a standards status or we might not". That > _encourages_ to do

Re: IPR at IETF 54

2002-05-31 Thread Robert Elz
Date:Thu, 30 May 2002 23:13:24 -0500 From:Dave Crocker <[EMAIL PROTECTED]> Message-ID: <[EMAIL PROTECTED]> | So, what exactly do folks think is a practical kind of change to the | current IETF policies? Actually, like many things, I suspect that the underlying p

Re: IPR at IETF 54

2002-05-30 Thread Pekka Savola
On Thu, 30 May 2002, Dave Crocker wrote: > Generally this thread seems to be seeking determinacy for a matter that can > only be made deterministic by a) ignoring IPR encumbrance, or b) rejecting > all IPR encumbrances. The first is not compatible with IETF culture. The > latter is not practi

Re: IPR at IETF 54

2002-05-30 Thread Dave Crocker
At 11:15 AM 5/30/2002 -0400, Scott Brim wrote: >and if one solution is 120% better technically than another, but has a >RAND license associated with it? What if it's 170% better? And Scott's questions become particularly comfortable if we translate them into questions about protocol efficiency.

Re: IPR at IETF 54

2002-05-30 Thread Dave Crocker
At 12:54 PM 5/30/2002 +0100, Graham Klyne wrote: >- can we identify (and agree) a "top N" problems that need fixing (for >some small N)? We have have had IPR-related rules for a long time. So let me suggest that this one question out of your list is the only one we should first focus on. Even

Re: IPR at IETF 54

2002-05-30 Thread John Stracke
> one that's O(logN) with a non-RF license >and > one that's O(NlogN) with an RF license > >i probably wouldn't need to think very hard to go with the >latter. simply because we'll see a lot more community good... Right. Standards exist so that we can get interoperability; expens

Re: IPR at IETF 54

2002-05-30 Thread RJ Atkinson
On Thursday, May 30, 2002, at 01:27 , Bill Strahm wrote: > I don't think the IETF can afford to keep a staff of > lawyers working on determining the licencing statements of all of the > standards being churned out. Interesting, but actually no one suggested that. I said that I

Re: IPR at IETF 54

2002-05-30 Thread Marshall Rose
> Unfortunately, while we can compare proposals based on their complexity, > maybe even performance or overhead, there is, in reality, usually no way > to compare the actual licensing costs at the time a decision is made. At > least as far as I know, none of the non-free licensing statements on

Re: IPR at IETF 54

2002-05-30 Thread Bill Strahm
On Thu, 30 May 2002, RJ Atkinson wrote: > > On Thursday, May 30, 2002, at 09:48 , Melinda Shore wrote: > > Here's one for starters: there's no guidance on how or whether to > > treat differences in licensing terms for competing proposals. It > > would be nice to be able to say that all other thi

Re: IPR at IETF 54

2002-05-30 Thread Scott Brim
On Thu, May 30, 2002 08:59:50AM -0700, Marshall Rose wrote: > > > My druthers would be to have an IETF policy explicitly saying > > > that the first choice is to use unencumbered technology if it > > > can be made to work, second choice is encumbered but > > > royalty-free technology, and

Re: IPR at IETF 54

2002-05-30 Thread Henning Schulzrinne
>> and if one solution is 120% better technically than another, but >> has a RAND license associated with it? What if it's 170% better? > > Marshall Rose wrote: > working groups make trade-offs all the time between simplicity, > functionality, and so on. licensing is another cost. given t

Re: IPR at IETF 54

2002-05-30 Thread John Stracke
>Thus, this mechanism offers almost no remedy or protection. I didn't say it was the optimal policy. :-) Someone implied that the IETF didn't have an IPR policy, and I pointed to it. /\ |John Stracke|Principal Engineer

Re: IPR at IETF 54

2002-05-30 Thread Henning Schulzrinne
> RFC-2026, section 4.1.2 ("Draft Standard"): > > If patented or otherwise controlled technology is required for > implementation, the separate implementations must also have resulted > from separate exercise of the licensing process. The problem is that very few standards make it to Draft. A

RE: IPR at IETF 54

2002-05-30 Thread Christian Huitema
> From: Scott Brim [mailto:[EMAIL PROTECTED]] > > On Thu, May 30, 2002 10:59:27AM -0400, RJ Atkinson wrote: > > My druthers would be to have an IETF policy explicitly saying > > that the first choice is to use unencumbered technology if it > > can be made to work, second choice is enc

Re: IPR at IETF 54

2002-05-30 Thread John Stracke
>> ... we should prefer technology which will be available >> royalty-free, but that's not current policy > >Whose policy? RFC-2026, section 4.1.2 ("Draft Standard"): If patented or otherwise controlled technology is required for implementation, the separate implementations must also have resu

Re: IPR at IETF 54

2002-05-30 Thread Marshall Rose
> > My druthers would be to have an IETF policy explicitly saying > > that the first choice is to use unencumbered technology if it > > can be made to work, second choice is encumbered but > > royalty-free technology, and last choice is "fair and reasonable > > licence terms" (

Re: IPR at IETF 54

2002-05-30 Thread Carsten Bormann
> ... we should prefer technology which will be available > royalty-free, but that's not current policy Whose policy? Some WGs have a policy (or are actually chartered) to develop deployable protocols. Where a legal issue would make a protocol non-deployable, we have to look elsewhere. (Of

Re: IPR at IETF 54

2002-05-30 Thread Scott Brim
On Thu, May 30, 2002 10:59:27AM -0400, RJ Atkinson wrote: > My druthers would be to have an IETF policy explicitly saying > that the first choice is to use unencumbered technology if it > can be made to work, second choice is encumbered but > royalty-free technology, and la

Re: IPR at IETF 54

2002-05-30 Thread RJ Atkinson
On Thursday, May 30, 2002, at 09:48 , Melinda Shore wrote: > Here's one for starters: there's no guidance on how or whether to > treat differences in licensing terms for competing proposals. It > would be nice to be able to say that all other things being more-or- > less equal we should prefer t

Re: IPR at IETF 54

2002-05-30 Thread Melinda Shore
At 08:12 PM 5/29/02 -0500, Pete Resnick wrote: >And overall I'm pretty darn sick and tired of wasting my time in WG/BOF sessions >where all I get is a series of undiscussed presentations that could have been done in >I-Ds which I could have read before the meeting. So don't go to the session.

Re: IPR at IETF 54

2002-05-30 Thread Graham Klyne
At 02:58 PM 5/29/02 -0700, Dave Crocker wrote: >At 09:10 PM 5/29/2002 +0100, Graham Klyne wrote: >>At 08:53 AM 5/29/02 -0700, Dave Crocker wrote: >>> Certainly we do not have to worry about whether there is >>> sufficient community interest in IPR. What we do not have a good sense >>> o

Re: IPR at IETF 54

2002-05-29 Thread Valdis . Kletnieks
On Wed, 29 May 2002 15:35:26 PDT, Randy Bush said: > sure is a lot of interest in this subject from diverse folk. maybe > we should hold a wg/bof meeting on friday in yokohama to discuss it. Just remember to let us non-travellers know what happened. ;) -- Valdis

Re: IPR at IETF 54

2002-05-29 Thread Pete Resnick
On 5/29/02 at 3:35 PM -0700, Randy Bush wrote: >sure is a lot of interest in this subject from diverse folk. maybe >we should hold a wg/bof meeting on friday in yokohama to discuss it. Oooo.that's a good idea. While we're on topics which generate "a lot of interest from diverse folk", let

Re: IPR at IETF 54

2002-05-29 Thread Dave Crocker
At 06:34 PM 5/29/2002 -0400, Scott Brim wrote: >arguments won't do it. There are only two ways to change IETF culture: >(1) have people of influence issue a document of some sort and promote >it for 3 years, or (2) have a plenary meeting and come up with a good >sound bite to summarize a solution

Re: IPR at IETF 54

2002-05-29 Thread Scott Brim
On Wed, May 29, 2002 02:58:59PM -0700, Dave Crocker wrote: > It is not clear that an entire week of discussion would be fruitful > for that sort of deep and broad requirement for substantial process > and concept invention, nevermind a couple of hours at the end of a > long work-week, with little

Re: IPR at IETF 54

2002-05-29 Thread Randy Bush
sure is a lot of interest in this subject from diverse folk. maybe we should hold a wg/bof meeting on friday in yokohama to discuss it. randy

Re: IPR at IETF 54

2002-05-29 Thread Scott Brim
On Wed, May 29, 2002 09:10:20PM +0100, Graham Klyne wrote: > How do we best approach the design of Internet technologies so that > IPR-related obstructions to their deployment will be minimized? That assumes IPR-related goals are obstructions. For me they're a pain but I've been burned so I hav

Re: IPR at IETF 54

2002-05-29 Thread Dave Crocker
At 09:10 PM 5/29/2002 +0100, Graham Klyne wrote: >At 08:53 AM 5/29/02 -0700, Dave Crocker wrote: >> Certainly we do not have to worry about whether there is >> sufficient community interest in IPR. What we do not have a good sense >> of, perhaps, is what problems need to be resolved. >