Simon Josefsson wrote:
<Pasi(_dot_)Eronen(_at_)nokia(_dot_)com> writes:
My reading of RedPhone's IPR disclosure 1026 is that they claim to
have a patent application about a larger system that includes
tls-authz as one part, and uses it in particular way. If you want to
build a system matching the numbered list 1..4 in the disclosure
(RedPhone's description of what they claim is covered), then you
would have to consider this IPR disclosure.
A license is required for each of the cases 1, 2, 3, and 4 individually.
As far as I read item 3, it seems to cover many kind of realistic use of
this protocol. As soon as you have some authorization data, you would
typically compare the sender of the authorization to some set of valid
issuers.
This reasoning is perhaps useful to support an opposition campaign, but
it is incomplete.
The patent *claims* can not be broadened by a generic mention of a use
case. Going into the details of this specific instance boils down to
evaluating the validity of IPR claims.
Let me bring a few facts. The redphone IPR is a US patent application
that was amended on 2008/01/25. No US patent office examiner has
responded so far. Altough a PCT application is mentioned in the IPR
disclosure, there is no mention of national phase entry(ies), so the
only affected jurisdiction would be the US only (the IPR disclosure
should be more comprehensive if I am wrong). With a priority date in
January 2005, the IPR claims can not cover the business methods
prevailing before, e.g. the corporate treasury management on-line
services based on authorizations (e.g. one-time password using tokens)
to access a bank account (network resources) where the specific form of
authorization is defined in the service enrollment agreement.
So, the argument that IPR disclosure 1026 case 3 is a justification for
the FSF campaign is relevant only in the perspective of an ideological
opposition to patents. There are ample facts to justify an endorsement
of TLS-authz advance in the IETF standardization process.
Regards,
--
- Thierry Moreau
CONNOTECH Experts-conseils inc.
9130 Place de Montgolfier
Montreal, Qc
Canada H2M 2A1
Tel.: (514)385-5691
Fax: (514)385-5900
web site: http://www.connotech.com
e-mail: thierry(_dot_)moreau(_at_)connotech(_dot_)com
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