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.