Re: [Idr] IPR related to the flow-spec I-D

[Thomas Narten <narten at us.ibm.com>]

Robert Raszuk <robert at raszuk.net> writes:

> > Hmm. Why did you not then file a 3rd party IPR disclosure? 
> > 
> >> That was and still is the common industry practice in any vendor for any 
> >> novel work which is going to be publicly presented. AFAIK you can safely 
> >> assume that vast majority of IETF drafts have patents filed behind. The 
> >> fact that some lawyers did not disclosed it on time is regrettable, but 
> >> should not be a point of any discussion in IDR WG.
> > 
> > The obligation is not on lawyers to disclose, it is on IETF
> > _participants_ (called "Contributers in RFC 3979). This is absolutely
> > clear in RFC 3979. 

> RFC3979 date is 2005. For this particular draft we are talking about 
> draft preparation which tool place in 2002/2003.

In 2002, the relevant IPR RFC would have been RFC 2026 (dated
1996). It says:

   6. The contributor represents that he has disclosed the existence of
      any proprietary or intellectual property rights in the
      contribution that are reasonably and personally known to the
      contributor.  The contributor does not represent that he
      personally knows of all potentially pertinent proprietary and
      intellectual property rights owned or claimed by the organization
      he represents (if any) or third parties.

The obligation to disclose IPR is hardly new and certainly applied to
the authors of the draft in question in 2002.

Thomas