Brian E Carpenter <brian(_dot_)e(_dot_)carpenter(_at_)gmail(_dot_)com> writes:
On 2009-12-01 23:57, Simon Josefsson wrote:
Scott Brim <scott(_dot_)brim(_at_)gmail(_dot_)com> writes:
Simon Josefsson allegedly wrote on 11/30/2009 10:11 AM:
There is no requirement in the IETF process for organizations to
disclose patents as far as I can see. The current approach of only
having people participate, and disclose patents, in the IETF is easy to
work around by having two persons in an organization doing different
things: one works on specifying and standardizing technology, and the
other is working on patenting the technology.
Simon, from rfc3979:
l. "Reasonably and personally known": means something an individual
knows personally or, because of the job the individual holds,
would reasonably be expected to know. This wording is used to
indicate that an organization cannot purposely keep an individual
in the dark about patents or patent applications just to avoid the
disclosure requirement. But this requirement should not be
interpreted as requiring the IETF Contributor or participant (or
his or her represented organization, if any) to perform a patent
search to find applicable IPR.
I don't see how this modifies anything? The legal obligation is on the
IETF participant, not on the organization. The organization is not
bound by this text.
IANAL. But if the participant is acting as an agent of the employer,
it seems to me that the employer is bound. In any case, you'd have to be
a brave or reckless employee not to assume that to be the case. You'd also
have to be a very obtuse employer to fund your employees to participate
if you didn't like the IETF's rules.
Now you are moving the responsibility on to the organizations. I can't
see how that modify my assertion that the IETF does not have any legal
means to pressure organization to file patent disclosures. Either the
IETF has a legal ability to apply pressure on organizations, or it does
not. I don't see why that is a controversial statement. Nothing in the
IETF history suggests it even wants to have a legal link to
organizations who sends participants to the IETF. The text in RFC 3979
and other documents suggests strongly that this approach is intentional.
/Simon
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