IETF Patent policy (was RE: IETF Trust FAQ)

[Ted Hardie <hardie at qualcomm.com>]

>At 8:39 PM -0800 1/16/07, Lawrence Rosen wrote:
>Then I suppose we should take this decision public and see whether that
>encourages better results. I am absolutely opposed to any IETF IP policy
>that results in industry standards that have fundamental patent impediments
>to their implementation in open source--and for that matter in
>proprietary--software. Jorge just confirmed this to the group, in case
>anyone doubts that our current policy has this effect.

>I'd rather see this WG dissolve right now than to see it publish an IP
>policy that doesn't work for anyone.

The patent policy of the IETF boils down to "The WG decides based on information
which its participants are required to provide".  WGs can and do decide
to decline to make standard technologies that have fundamental patent
impediments.  They also can, and have, decided that a particular
technology is so useful that it should be made standard despite
the fundamental patents--public key crypto being the most cited
example.  The key aspect of the IETF's policy is that it is the participants
who make the judgement call.  If someone invents a faster-than-light
data transport based on quantum entanglement, patents it, then asks for
the IETF's help in making IP run on it, the IETF participants interested
get to decide whether having FTL transport is worth dealing with the
patent.  It isn't pre-decided for them; it's a judgement call. 

That is why it is key that the IETF remain committed to open standards
in the sense that has been true here all along:  open participation and
open availability.  That makes sure anyone who cares can have a voice.
Efforts to pre-dispose the playing field toward specific patent/license
regimes *reduce* the openness of the IETF, as they discourage some
players who would otherwise participate. 

				Ted Hardie




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