-----Original Message-----
From: ietf-bounces(_at_)ietf(_dot_)org
[mailto:ietf-bounces(_at_)ietf(_dot_)org] On Behalf Of John C Klensin
Sent: Thursday, January 26, 2012 6:08 AM
To: Harald Alvestrand
Cc: Pete Resnick; adrian(_at_)olddog(_dot_)co(_dot_)uk;
sieve(_at_)ietf(_dot_)org; ietf(_at_)ietf(_dot_)org
Subject: Re: Second Last Call: <draft-ietf-sieve-notify-sip-message-
08.txt> (Sieve Not ifica tion Mechanism: SIP MESSAGE) to Proposed
Standard
I'm also conflicted about the information (or lack thereof) that we
have available. My personal sense of justice says that we should
really understand, for example, whether there is any chance that the
inventor was not aware of the patent application. Others have made
similar suggestions. On the other hand, it is possible that trying to
dig out and evaluate that information would turn this situation into
far more of a judicial-like provision than I'm comfortable with.
Again, advice from the Trust and Counsel would be very much in order if
it is feasible (and the reasons would be interesting and useful
information if it is not).
As much as we try to bring to the attention of participants the contents of
BCPs 78 and 79, or The Tao of IETF, they are easy to overlook. It's not
impossible to conceive that someone writes a draft using XML, runs it through
xml2rfc, and posts it without ever reading or even noticing the boilerplate
that it adds /and/ the documents it references. That's a lot of reading and,
important as it is, people can get lost or even lazy. The Note Well,
similarly, is actually a distillation of quite a lot of material that one needs
to understand.
Thus, to my mind, it's entirely possible that this person simply didn't realize
that a patent filing, possibly even with his own name on it, was germane to the
IETF and its IPR policy.
And in a large corporation, I can similarly envision that the champion of some
work into the IETF is not the same person, or even in the same group, as the
person making a patent filing on the same or related material, and insufficient
co-ordination exists between them. I understand that part of what you're
talking about is emphasizing the need to ensure such policies exist, but I also
understand that not every person or organization will have had the experience
to know that it's important to establish such up front.
What I take away from this so far is that in the future I'll be far more likely
to ask "Are you totally sure this is IPR-claim-free?" when asked to support the
advancement of some document (whether that's as a sponsoring AD someday, or a
working group co-chair, or co-author, or editor, or even as another
participant). It seems clear to me the BCPs and the draft boilerplate will,
alas, not always be sufficient.
-MSK
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