--On 29. mars 2007 11:50 -0500 Mark Brown
<mark(_at_)redphonesecurity(_dot_)com> wrote:
Simon,
I filed for patent (Jan and Sep 2005) and later promoted TLS authz (Feb
2006) in good faith. It is possible that the patent claims can be read
more broadly than I expected, but that's a fairly detailed and unresolved
legal question. I am working diligently to -- let me speak carefully --
explore if and how I can make a royalty free license grant to ensure that
promoting TLS authz continues to be an act in good faith, while still
protecting a way for my company to make money on its IPR.
Mark,
trying to understand your statement above:
When you submitted draft-housley-00, August 2006, your submission included
the text:
By submitting this Internet-Draft, each author represents that any
applicable patent or other IPR claims of which he or she is aware
have been or will be disclosed, and any of which he or she becomes
aware will be disclosed, in accordance with Section 6 of BCP 79.
You were clearly aware of your own patent filing.
The Redphone IPR statement,
<https://datatracker.ietf.org/public/ipr_detail_show.cgi?ipr_id=765>, was
filed on November 28, 2007; I cannot see any earlier filing in your name.
I can reconcile those two things with your assurance of good faith in
multiple ways:
- You were not aware that section 6.2.1 of BCP 79 requires a disclosure "as
soon as reasonably possible". In this case, we need to update the
informational material we provide to people who might submit I-Ds.
- You were of the opinion that 15 months after the I-D filing was "as soon
as reasonably possible". In this case, we need to have an IETF debate on
whether we think this is a reasonable assessment, and document the result
of that discussion.
- You were of the opinion that the patent applications were certainly not
applicable to the specification in that draft, but changed your opinion
later.
- There is some logic here that I do not yet grasp, and I need further
explanation.
Rather than speculating about which of the alternatives above is true, I
prefer to ask.
Take care,
Harald Alvestrand
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