On 2009-03-11 08:28, Lawrence Rosen wrote:
I don't think we should publish under the IETF imprimatur if there are
*unresolved* known patent issues about which ignorant and cautious people
continue to speculate blindly. Why should any of us waste time and money on
IETF and commercial and FOSS "experiments" if they may cost us too much
Then we can just fold up our tents and slip away now. I'm sure you've
looked at more patents than I have, but in my experience there is always
uncertainty in someone's mind whether a particular patent does or doesn't
read on a particular specification. In fact the uncertainty will be whether
a specific claim in the patent reads on a specific part of the spec, and
whether there is in fact prior art on that specific point. I'd say that
in practice, there are *always* unresolved issues, and the judgment call
is whether they are serious enough to hold up publication.
Not to mention, of course, the permanent uncertainty about whether
there are any submarine patents waiting offshore, owned by someone who
is carefully not participating.
So, while we can certainly discuss ways to make things better, I believe
we can never make them perfect.
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