> This allows Certicom to claim that the tls-extractor document is covered
> by their patents for non-ECC uses in the future. That claim would not
> be inconsistent with the information filed with the IETF so far. That
> is the loophole I'm concerned with.
While, this is of course true, it's also possible that some other
entity which doesn't participate in IETF at all has patents that apply
to extractor. That wouldn't be inconsistent with the information filed
with the IETF either.
Either you think that Certicom has a BCP 79 obligation to accurately
disclose their patents or they don't. If you do, I think it's
reasonable to conclude that when they say "our patents may cover
X" that they don't believe their patents cover !X. If you don't,
then we could equally well conclude that their patents may
cover drafts they don't even mention.
May it be possible for the draft's authors to review the related Certicom's patents and conclude whatever they are or aren't related to the document in question?
Best regards,
Badra