I do not argue that sooner is not better w/r to IP disclosures, however see
practical data at ETSI described at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1912198 Assessing IPR
Disclosure Within Standard Setting: An ICT Case Study November 2011 Anne
Layne-Farrar
Russ, w/r to timing of disclosures is a "late" disclosure defined anywhere in
procedures as stated: "If the disclosure is made after the document completes
WG Last Call, then it is late in the IETF standards process"
clip from study
Specifically, I take an empirical look at the timing of patent disclosures
within the European Telecommunications Standards Institute, the body
responsible for some of the world's most prevalent mobile telephony standards.
I find that most members officially disclose their potentially relevant patents
after the standard was published, and sometimes considerably so. On the other
hand, I also find that the delay in declaring patents to ETSI standards has
been shrinking over time, with disclosures occurring closer to (although for
the most part still after) the standard publication date for more recent
standard generations as compared to earlier ones.
George T. Willingmyre, P.E.
President, GTW Associates
Spencerville, MD USA 20868
301.421.4138
www.gtwassociates.com
----- Original Message -----
From: "Russ Housley" <housley(_at_)vigilsec(_dot_)com>
To: "Stephan Wenger" <stewe(_at_)stewe(_dot_)org>
Cc: "IETF" <ietf(_at_)ietf(_dot_)org>
Sent: Tuesday, November 06, 2012 6:30 PM
Subject: Re: IESG Considering a Revision to NOTE WELL
Stephan:
Based on the number of late disclosures that are occurring, it is clear
to us that we need to use very plain language to explain the
responsibilities to participants.
That's an interesting statement. To summarize the (long) message below, I
don't think that empirical data supports that there are any significant
numbers of disclosures of which it is likely that they are "late".
If the disclosure is made after the document completes WG Last Call, then it is
late in the IETF standards process. When the disclosure comes after this point
in the process, then we need to loop back and redo some steps.
Russ