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

[Dean Anderson <dean at av8.com>]

That isn't quite accurate. While the documents you list are indeed on 
the disclosure, so is:

Internet-Draft:	"Keying Material Exporters for Transport Layer Security 
(TLS)"  (draft-ietf-tls-extractor-05)

The above is also a factual assertion, made by the IPR 1004 disclosure.

We have just recently learned of this disclosure in relation to
draft-ietf-tls-extractor-05.  The argument that the disclosure was
_filed_ more than half a year ago is inconsequential;  The consequential
fact is that the Working Group didn't consider that IPR in evaluating
draft-ietf-tls-extractor-05, and didn't consider non-patented
alternatives as required by RFC 3979. That is a process failure which
would be a basis for appeal, and is currently a basis for opposing the
draft.

The argument that IPR 1004 only pertains to ECC and that
draft-ietf-tls-extractor-05 contains no ECC urging a conclusion that IPR
Disclosure 1004 can be ignored is a fallacy. The patents can (and do)  
cover more than just ECC.  They may indeed cover
draft-ietf-tls-extractor-05 just as the IPR 1004 says they do.

		--Dean



On Mon, 18 May 2009 Pasi.Eronen at nokia.com wrote:

> Simon Josefsson wrote:
> 
> > 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.
> 
> Well, the assertion that has been factually made is the following:
> 
>    At this time, Certicom believes its patents and patent applications
>    listed in Schedule A contain claims which may be necessary and
>    essential to implementations of the following protocols:
> 
>    IETF TLS:
> 
>    <...> "Keying Material Extractors for Transport Layer Security
>    (TLS)", draft-ietf-tls-extractor-02.txt when used with either:
> 
>    A.  "Elliptic Curve Cryptography (ECC) Cipher Suites for Transport 
>        Layer Security(TLS)" RFC 4492, May 2006; or, 
>    B.  "TLS Elliptic Curve Cipher Suites with SHA-256/384 and 
>        AES Galois Counter Mode," RFC 5289, or 
>    C.  "Suite B Cipher Suites for TLS," 
>        draft-rescorla-tls-suiteb-07.txt;
> 
> Your summary ("Certicom has patents that covers tls-extractor") seems
> to take the opinion that the "when used with either: A or B or C" text 
> is either not part of the assertion, or that this part doesn't matter.
> 
> My reading of the emails so far is that some others believe this
> part of the assertion text *does* matter (and has influenced their
> opinion about how to process the tls-extractor draft in IETF).
>  
> Best regards,
> Pasi
> <not wearing any hats>
> _______________________________________________
> TLS mailing list
> TLS at ietf.org
> https://www.ietf.org/mailman/listinfo/tls
> 
> 

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