spf-discuss
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Re: The Jig Is Up!

2004-09-11 14:53:54
From the URL:

    3) On the issue of ignoring patent claims, the working group has
    at least rough consensus that the patent claims should not be
    ignored. Additionally, there is at least rough consensus that the
    participants of the working group cannot accurately describe the
    specific claims of the patent application. This stems from the
    fact that the patent application is not publicly available. Given
    this, it is the opinion of the co-chairs that MARID should not
    undertake work on alternate algorithms reasonably thought to be
    covered by the patent application. We do feel that future changes
    regarding the patent claim or its associated license could
    significantly change the consensus of the working group, and at
    such a time it would be appropriate to consider new work of this type.

    Pending clarification I conclude from this that the standard is
    not to be encumbered. If I am wrong then my view of the efficacy
    of the IETF process in general and MARID in specific will undergo
    a radical change.

    So if I am correct what can Microsoft do now? In my opinon they
    must choose to relax the restrictions in their license if they
    want to see the PRA included in the standard. If they don't it's
    clear that the MARID working group will *not* be considering
    algorithms which might reasonably be considered as *covered* by
    the patent application. Right now, *today even* there is one bit
    of proven technology which meets some of the existing SPEC and has
    been declared "not covered" by Microsoft. That one little bit is
    called *SPF <http://spf.pobox.com>*.


I think this interpretation depends upon what MARID considers "alternate algorithms". If PRA is included in this description, then I agree that their opinion is that PRA should not be included unless it can be proven to be outside the scope of the patent application (which I believe there is reason to believe is not the case). The verbage of that sentence though is less than clear (at least to me), and it could also be taken to say that no alternatives _to_ PRA (as opposed to no alternatives _such as_ PRA) should be considered.

I truly hope it is the former and that there is a chance to have this issue put to (some degree) of rest.

Doug


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