Steven Bellovin wrote:
Right. Any IPR policy has to acknowledge the fact that relevant
patents can be owned by non-troll non-participants. (Too many
negatives there -- what I'm saying is that IETFers don't know of all
patents in the space, and there are real patent owners who care about
their patents, even though they aren't trolls.)
I agree, but I suggest that our new IPR policy ought to set expectations for
how we deal procedurally with such outside encumbrances when discovered. The
defensive termination provision in most contributors' IETF patent grants can
also help to protect our specifications from trolls and some third-party
patent owners, depending upon how those grants are worded.
/Larry
-----Original Message-----
From: Steven M. Bellovin [mailto:smb(_at_)cs(_dot_)columbia(_dot_)edu]
Sent: Wednesday, October 24, 2007 2:46 PM
To: Brian E Carpenter
Cc: Simon Josefsson; Sam Hartman; ietf(_at_)ietf(_dot_)org
Subject: Re: When is using patented technology appropriate?
On Thu, 25 Oct 2007 10:15:55 +1300
Brian E Carpenter <brian(_dot_)e(_dot_)carpenter(_at_)gmail(_dot_)com> wrote:
On 2007-10-25 04:30, Sam Hartman wrote:
...
Simon> If you replace IBM with 'A Patent Troll', do you think
Simon> the same holds? > > I think that such behavior should
Simon> be presumed not to be a patent
troll. Patent trolls are not known forpromising to give away
royalty-free licenses.
They are also, in general, known for *not* particpating in
the standards process, precisely to avoid falling under
patent disclosure requirements. As far as non-participants
are concerned, nothing in our rules matters.
Right. Any IPR policy has to acknowledge the fact that relevant
patents can be owned by non-troll non-participants. (Too many
negatives there -- what I'm saying is that IETFers don't know of all
patents in the space, and there are real patent owners who care about
their patents, even though they aren't trolls.)
--Steve Bellovin, http://www.cs.columbia.edu/~smb
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