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Standards must not be patent-encumbered

2009-02-09 17:36:41
I have been informed that you are considering a "proposed standard" using a patent claimed by RedPhone Security. I understand that they have promised not to sue those who develop products based on this patent, but that doesn't suffice as they haven't promised not to sue those who use such products. There is also the matter that they may not to held to their promise against those with which they have had no prior relationship.

Any patents in a standard *must* be free to use in all standard conforming, or approximately standard conforming, applications. If not, then both the standard and it's issuing body is of no use whatsoever.

Note that I don't say merely that standard conforming uses must be protected. This is because in many cases standards are not something that can be achieved in one try. Bugs occur. Partial implementations are common before full implementations. So are arguments about precisely what a standard means.

This "proposed standard" should be rejected.
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