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Re: DEPLOY/IPR: Fundamental Disagreements, or Get On With It

2004-08-26 07:09:56

Hello everyone. I have been watching this thread for a while and just decided to voice my opinion. My reasons for recommending the rejection of the IPR encumbered algorithm(s) are not due to my own interpretation of the license nor my feelings about the IPR holder but rather how the license will hurt the standard in the real world:

1. The IPR license will slow development

This license is not clear nor unambiguous. If it were, you would not need to seek an attorney's advice on it. I think this much we can all agree upon, including Mr. Katz himself. This means that if I'm a developer who wishes to include Sender-ID in my open source product even if my attorney tells me that doing so is allowed under the license, and Lessig and Moglen themselves publish opinions saying that doing so is allowable, it does me no good if the IPR holder disagrees and sues me. It would be me and my attorney against a multi billion dollar company with a platoon of IP lawyers and an ambiguous license in question. Even if I am in the right, trying to fight such a suit in a different country on the other side of the continent would bankrupt me within weeks. Why would any open source developer take this risk?

2. The IPR license will slow adoption

I think it is safe to say that at least half (and probably more) MTAs in use are open source. Certainly most ISPs that I know of use open source MTAs. I think it is also safe to say that a majority of people who deploy open source MTAs are probably at least somewhat suspicious of the motives and business tactics of your typical multi billion dollar software companies. It is therefore likely that many of them will be slower to adopt Sender-ID if it is encumbered by this license (even if they do not themselves need to personally get a license from the holder) than otherwise. Speaking personally as an MTA admin for a medium sized company, I will not adopt Sender-ID if it is encumbered by this license. It may be argued that MTA admins will be forced by their management to adopt it eventually, but it will definitely slow down the process.

Obviously these are just my opinions. IANAL, etc. However, I don't think it would be easy to argue that the IPR license in any way benefits the standard nor can it be easily argued that the license will definitely do no harm to it. I think the chairs need to decide whether the potential harm is less problematic than replacing the encumbered algorithms.

Kevin Peuhkurinen
Network Security Analyst
HEPCOE Credit Union Ltd.