Ned's reading agrees with mine.
It must suck to be under contract or NDA to someone who is participating in the
IETF and wilfully ignoring the IETF's IPR rules.
The first step may be to check with them direct that they are wilfully ignoring
those rules - it is possible that they have missed something and will thank you
for pointing it out. Both the company concerned and the participating individual
may be glad to hear from you.
Why might they thank you? Because if the company later tries to enforce a
license on their patent and it comes out that they sent people to participate
against the IETF's rules, then it is possible that a court might take a dim view
of their claim. Because if the IETF later discovers that the individual has
participated against the IETF's rules then the IETF might read and apply RFC
6701.
Cheers,
Adrian
PS It is not unheard of for a third party (such as an AD) to discover (through
whatever means) the existence of IPR that might be relevant and file a 3rd-party
notice accordingly.
-----Original Message-----
From: WGChairs [mailto:wgchairs-bounces(_at_)ietf(_dot_)org] On Behalf Of Ned
Freed
Sent: 28 January 2014 18:32
To: Mulligan, Geoff
Cc: IETF WG Chairs; ietf(_at_)ietf(_dot_)org Mailing List
Subject: RE: Third party disclosures and NDAs (Re: Problem with new Note Well
)
So because I know of IPR that someone else has and is not disclosing and
because I cannot legally disclose it - I can't continue to participate in
the
discussion doesn't seem right. I'm not the holder of the IPR that isn't
being
disclosed, but I'm penalized.
As I have pointed out several times now, that's incorrect.