On September 10, 2004 1:03 PM, John Glube
[mailto:jbglube(_at_)sympatico(_dot_)ca]
wrote:
Harry,
I appreciate the point that:
Microsoft's IPR disclosure clearly states that our IPR
claims relate to
the maird-core and marid-pra specs used in combination. We are not
aware of any IPR claims on marid-core used in combination with some
other specification.
I acknowledge that:
... Administrators or any other end users of licensed Sender ID
implementations do not require a license from Microsoft. This is
clearly stated in section 2.2 of the Sender ID license.
Perhaps I did not make my point clearly in my earlier note.
Perhaps I misunderstood. At any rate, thank you for taking the time to
clarify.
So, let me give a specific example.
Let's say I am a software developer.
A protocol is adopted which allows MTA's to do mailfrom
and/or pra checks. The specification includes
draft-marid-core (modified to include reference to mailfrom
checks as well as pra checks), draft-marid-pra and
draft-marid-mailfrom.
(This is somewhat speculative on my part, but we need a set
of facts for the sake of discussion.)
This is my understanding of the co-chairs proposal too.
Microsoft has an IPR claim on using draft-marid-pra in
combination with draft-marid-core.
(I make this statement based on Microsoft's existing
claims.)
Correct.
I want to write a program which allows an MTA to run mailfrom
and/or pra checks using these specifications and then
distribute this program to end users.
The program will be a plug in, or filter which is designed to
work with any of the existing MTA's on the market.
The draft patent license contains the following:
Microsoft ... hereby grant You a perpetual ...worldwide
license under Microsoft's Necessary Claims to use ...
object code versions of Licensed Implementations only as
incorporated into Licensed Products and solely for the
purpose of conforming with the Sender ID Specification.
(See section 2.1 of the draft Patent License.)
I appreciate that as long as I include the requisite notice:
You also have ... a ... license to distribute or otherwise
disclose source code copies of such Licensed Implementation ...
(See section 2.2 of the draft Patent License.)
The question is whether I can incorporate mailfrom checks in
my program, so that an end user can do both mailfrom and/or
pra checks using my software program?
Yes, you can. We are not aware of any Microsoft IPR claim related to
spoof checking of MAIL FROM. Therefore, the Sender ID license is
irrelevent for checking MAIL FROM.
My concern is with the last restriction in the draft patent
license which reads:
... "and solely for the purpose of conforming with the Sender
ID Specification."
I take this to mean "object code versions of Licensed
Implementations only as incorporated into Licensed Products"
can only be used to "conform with the Sender ID Specification."
(The Sender ID Specification being defined as the combination
of draft-marid-pra with draft-marid-core.)
On this point, please also note the following Q & A from
Microsoft's FAQ:
Q8: What if I want to use the Sender ID technology in some
other context, still related to email but perhaps not related
to Sender ID? Will Microsoft sue me?
A8: Microsoft is committed to working with companies in a
collaborative way to license our Intellectual Property (see
http://www.microsoft.com/mscorp/ip/). If Microsoft is granted
patent rights that cover the Sender ID specification
(currently pending) it will make those rights available at no
cost for anyone to implement and use the Sender ID
specification. Microsoft will need to see what patent rights
are granted by the US Patent and Trademark Office to even
know for sure what rights it has to offer.
Since it is impossible to contemplate every possible use of
it Sender ID patent rights we cannot make a commitment up
front to specific license terms. We invite anyone interested
in using Microsoft's IP to innovate and compete in the
marketplace to come talk to us.
I want to use the Sender ID technology in a software program
which allows network administrators to run both mailfrom
and/or pra checks on incoming email to the network, or
outgoing email from the network she is administrating.
Can I do this under the license terms, or do I as per Q8 and
A8 need a separate license from Microsoft?
As I stated above, we are not aware of any Microsoft IPR claims on MAIL
FROM checking, so our license is not relevent. So, to be as clear as I
can, if you're implementing spoof checks of both PRA and MAIL FROM under
the framework described in Core (and our patent application is granted)
then you would need a license for the PRA check but not the MAIL FROM
check. If you are implementing spoof checking of MAIL FROM and _not_
PRA, we have no IPR claims, and no license to offer.
If I need a separate license then as I note in my earlier
email:
As such, the restriction contained in the draft patent
Sender-ID license would preclude network administrators from
incorporating both mailfrom and pra checks without obtaining
separate permission from Microsoft.
To be totally clear, the concern should have read:
As such, the restriction contained in the draft patent
Sender-ID license would preclude network administrators from
incorporating both mailfrom and pra checks without the
distributor of any such Licensed Implementation obtaining
separate permission from Microsoft.
I trust this helps to clarify the issue raised in my earlier note.
Thanks. Likewise, I hope I've answered your question.