Re: [TLS] Proto write-up for TLS exporter

[Simon Josefsson <simon at josefsson.org>]

Nicolas Williams <Nicolas.Williams at sun.com> writes:

> Simon is being unreasonable by acting as though assertions NOT made are
> nonetheless in force.  We're not mind readers and the law does not and,
> indeed, _must_ not expect us to so be (no, I am not a lawyer).  We can
> and should (nay, must) only make decisions based on IPR claims that are
> asserted, not on claims that are not asserted (again, IANAL, but you
> knew that).

That is not factual, assertions have been made: #1004 claims Certicom
has patents that covers tls-extractor.  To what extent those patents
apply, and in what contexts, is more a legal question than a technical.

> Simon should seek legal advice on that point, and hopefully remove his
> objection (or perhaps the TLS WG chairs and/or IESG can just declare
> consensus nonetheless and let Simon appeal if he likes).

I believe everyone considering implementing this would be prudent to get
legal advice on what the Certicom patents means for them.

/Simon