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Re: Patented RFC Code
Jorge - this makes an assumption of informed consent and that is something
we both know is missing from all IETF submission and IP right conveyance
processes. That said I think you are missing the real issues herein.
1) Any submission will have Patent Implications and as such MUST be
disclosed in proper language honoring those. Patent rights cannot be
separated from technologies discussions made in print through the IETF.
2) Any submission made to the IETF under an IP that is challenged by
a 3rd party must be halted until such time as that IP's ownership is
resolved.
3) Individuals rights are more important than the IETF's rights since
the IETF is only operating a Standards Process and not creating a war-chest
of IP right?
Todd
----- Original Message -----
From: "Contreras, Jorge" <Jorge.Contreras at wilmerhale.com>
To: "Stephane Bortzmeyer" <bortzmeyer at nic.fr>; "Harald Alvestrand"
<harald at alvestrand.no>
Cc: "IPR WG" <ipr-wg at ietf.org>
Sent: Wednesday, January 17, 2007 4:32 AM
Subject: Patented RFC Code
"Can I take code from a RFC and use it
in free software?"
Under the current rules, if it is patented,
you will need a license from the patent owner.
Also under the current rules, if the Contributor
has a patent covering the software, he/she is
required to disclose the patent. These
disclosures are posted at
https://datatracker.ietf.org/public/ipr_disclosure.cgi.
The idea being that, if you want to use code from
an RFC, you should be able to determine whether the
Contributor claims patent rights in it. If there
is no disclosure of patent rights, then it would not
be unreasonable to assume that the Contributor does
NOT have such patent rights. However, this says nothing
about whether or not third parties may have patent
rights that are relevant and need to be licensed.
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