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RE: [TLS] Last Call: draft-ietf-tls-extractor (Keying Material Exporters for Transport Layer Security (TLS)) to Proposed Standard

2009-07-23 13:50:45
In Hopes of Clarifying,

   Since I filled out the form in question I would hope that you consider these 
comments with a little more weight than others' wild speculations about the 
intention of IPR #1154.

   I do not read that IPR #1154 claims to have patents that cover the 
draft-ietf-tls-extractor, and perhaps more importantly, nor was it my intention 
to indicate any such claims.

   I do recognize that it is listed in the section

   IV. IETF Document or Other Contribution to Which this IPR Disclosure Relates:

  I believe this to be correct as the free license being offered extends a 
license to use the following suites, to which we are making some claims,

        A. "Elliptic Curve Cryptography (ECC) Cipher Suites for Transport Layer 
Security(TLS)" RFC 4492, May 2006; or,
        B. “TLS Elliptic Curve Cipher Suites with SHA‐256/384 and AES Galois 
Counter Mode,” RFC 5289, or
        C. “Suite B Cipher Suites for TLS,” draft‐rescorla‐tls‐suiteb‐ 07.txt;

  if one wants to use them in the draft-ietf-tls-extractor, under the 
conditions in a linked document.  Hence, I believe that the license is 
extending intellectual property rights that 'relates' to 
draft-ietf-tls-extractor.  I do not equate 'relates' to claiming rights over.

  I do read that IPR #1154 claims to have patents that cover parts of documents 
listed in,

   V  Disclosure of Patent Information (i.e., patents or patent applications 
required to be disclosed by Section 6 of RFC 3979)

     C If an Internet-Draft or RFC includes multiple parts and it is not 
reasonably apparent which part of such Internet-Draft or RFC is alleged to be 
covered by the patent information disclosed in Section V(A) or V(B), it is 
helpful if the discloser identifies here the sections of the Internet-Draft or 
RFC that are alleged to be so covered:

  Where it lists:

  RFC 3278, RFC 4109, RFC 4492, RFC 4753, RFC 4754, RFC 4869, RFC 5008, RFC 
5289, draft-rescorla-tls-suiteb-12, draft-green-secsh-ecc-07, 
draft-igoe-secsh-suiteb-00, draft-ietf-smime-3278bis-07,
draft-ietf-smime-sha2-11

  Note that draft-ietf-tls-extractor is not listed in the I-D or RFCs part of 
which the listed patents claim to cover.

Therefore a reasonable person should be able to conclude that the statement is 
not making a claim that patents listed cover parts of the 
draft-ietf-tls-extractor. 

  As stated prior, I think the form being used creates the confusion at hand.  
There is no clear definition of what should be in section IV versus section V. 
C.  Should more exact language be added to the form, I would be happy to update 
the IPR statement to help remove some stated uncertainties.

  Further the RFC 3979 indicates the following:

6.3.  How Must a Disclosure be Made?

   IPR disclosures are made by following the instructions at
   http://www.ietf.org/ipr-instructions. 

A link I think most will find particularly amusing.

Regards,
   Matt

Matthew Campagna | Director, Certicom Research
Certicom Corp. | A Subsidiary of Research In Motion Limited

mcampagna(_at_)certicom(_dot_)com                       
direct        203.894.9777                                                      
 
mobile        203.240.1269
www.certicom.com

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