| < draft-ietf-ipr-wg-guidelines-04.txt | draft-ietf-ipr-wg-guidelines-05.txt > | |||
|---|---|---|---|---|
| IPR Working Group S. Brim | IPR Working Group S. Brim | |||
| Internet-Draft Cisco Systems, Inc. | Internet-Draft Cisco Systems, Inc. | |||
| Expires: November 26, 2003 May 28, 2003 | Expires: December 10, 2003 June 11, 2003 | |||
| Guidelines for Working Groups on Intellectual Property Issues | Guidelines for Working Groups on Intellectual Property Issues | |||
| draft-ietf-ipr-wg-guidelines-04 | draft-ietf-ipr-wg-guidelines-05 | |||
| Status of this Memo | Status of this Memo | |||
| This document is an Internet-Draft and is in full conformance with | This document is an Internet-Draft and is in full conformance with | |||
| all provisions of Section 10 of RFC2026. | all provisions of Section 10 of RFC2026. | |||
| Internet-Drafts are working documents of the Internet Engineering | Internet-Drafts are working documents of the Internet Engineering | |||
| Task Force (IETF), its areas, and its working groups. Note that other | Task Force (IETF), its areas, and its working groups. Note that other | |||
| groups may also distribute working documents as Internet-Drafts. | groups may also distribute working documents as Internet-Drafts. | |||
| skipping to change at page 1, line 30 ¶ | skipping to change at page 1, line 30 ¶ | |||
| and may be updated, replaced, or obsoleted by other documents at any | and may be updated, replaced, or obsoleted by other documents at any | |||
| time. It is inappropriate to use Internet-Drafts as reference | time. It is inappropriate to use Internet-Drafts as reference | |||
| material or to cite them other than as "work in progress." | material or to cite them other than as "work in progress." | |||
| The list of current Internet-Drafts can be accessed at http:// | The list of current Internet-Drafts can be accessed at http:// | |||
| www.ietf.org/ietf/1id-abstracts.txt. | www.ietf.org/ietf/1id-abstracts.txt. | |||
| The list of Internet-Draft Shadow Directories can be accessed at | The list of Internet-Draft Shadow Directories can be accessed at | |||
| http://www.ietf.org/shadow.html. | http://www.ietf.org/shadow.html. | |||
| This Internet-Draft will expire on November 26, 2003. | This Internet-Draft will expire on December 10, 2003. | |||
| Copyright Notice | Copyright Notice | |||
| Copyright (C) The Internet Society (2003). All Rights Reserved. | Copyright (C) The Internet Society (2003). All Rights Reserved. | |||
| Abstract | Abstract | |||
| This memo lays out a conceptual framework and rules of thumb useful | This memo lays out a conceptual framework and rules of thumb useful | |||
| for working groups dealing with IPR (Intellectual Property Rights) | for working groups dealing with IPR (Intellectual Property Rights) | |||
| issues. It documents specific examples of how IPR issues have been | issues. It documents specific examples of how IPR issues have been | |||
| skipping to change at page 2, line 14 ¶ | skipping to change at page 2, line 14 ¶ | |||
| Table of Contents | Table of Contents | |||
| 1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . 3 | 1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . 3 | |||
| 2. The Problem . . . . . . . . . . . . . . . . . . . . . . . . 3 | 2. The Problem . . . . . . . . . . . . . . . . . . . . . . . . 3 | |||
| 3. The Approach . . . . . . . . . . . . . . . . . . . . . . . . 4 | 3. The Approach . . . . . . . . . . . . . . . . . . . . . . . . 4 | |||
| 4. Case Studies . . . . . . . . . . . . . . . . . . . . . . . . 5 | 4. Case Studies . . . . . . . . . . . . . . . . . . . . . . . . 5 | |||
| 4.1 PPP CCP and ECP . . . . . . . . . . . . . . . . . . . . . . 5 | 4.1 PPP CCP and ECP . . . . . . . . . . . . . . . . . . . . . . 5 | |||
| 4.2 IPS WG (IP Storage) . . . . . . . . . . . . . . . . . . . . 5 | 4.2 IPS WG (IP Storage) . . . . . . . . . . . . . . . . . . . . 5 | |||
| 4.3 PEM and PKI issues . . . . . . . . . . . . . . . . . . . . . 6 | 4.3 PEM and PKI issues . . . . . . . . . . . . . . . . . . . . . 6 | |||
| 4.4 CDI WG (Content Distribution Internetworking) . . . . . . . 7 | 4.4 VRRP (Virtual Router Redundancy Protocol) . . . . . . . . . 7 | |||
| 4.5 VRRP (Virtual Router Redundancy Protocol) . . . . . . . . . 7 | 4.5 Secure Shell (SecSH) . . . . . . . . . . . . . . . . . . . . 7 | |||
| 4.6 Secure Shell (SecSH) . . . . . . . . . . . . . . . . . . . . 8 | 4.6 IDN (Internationalized Domain Name) . . . . . . . . . . . . 7 | |||
| 4.7 IDN (Internationalized Domain Name) . . . . . . . . . . . . 8 | ||||
| 5. General Principles . . . . . . . . . . . . . . . . . . . . . 9 | 5. General Principles . . . . . . . . . . . . . . . . . . . . . 9 | |||
| 5.1 Types of IPR . . . . . . . . . . . . . . . . . . . . . . . . 9 | 5.1 Types of IPR . . . . . . . . . . . . . . . . . . . . . . . . 9 | |||
| 5.2 When to Think About IPR . . . . . . . . . . . . . . . . . . 10 | 5.2 When to Think About IPR . . . . . . . . . . . . . . . . . . 9 | |||
| 5.3 IPR as a Technology Evaluation Factor . . . . . . . . . . . 11 | 5.3 IPR as a Technology Evaluation Factor . . . . . . . . . . . 10 | |||
| 5.4 Patents versus Pending Patents Applied For . . . . . . . . . 12 | 5.4 Patents versus Pending Patents Applied For . . . . . . . . . 11 | |||
| 5.5 Applicability: It's Hard to Prove a Negative . . . . . . . . 12 | 5.5 Applicability: It's Hard to Prove a Negative . . . . . . . . 11 | |||
| 5.6 Licensing Terms . . . . . . . . . . . . . . . . . . . . . . 13 | 5.6 Licensing Terms . . . . . . . . . . . . . . . . . . . . . . 12 | |||
| 5.7 Third-Party Disclosure of IPR Claims . . . . . . . . . . . . 15 | 5.7 Third-Party Disclosure of IPR Claims . . . . . . . . . . . . 14 | |||
| 5.7.1 Third-Party Disclosure Advice . . . . . . . . . . . . . . . 15 | 5.7.1 Third-Party Disclosure Advice . . . . . . . . . . . . . . . 15 | |||
| 6. Security Considerations . . . . . . . . . . . . . . . . . . 16 | 6. Security Considerations . . . . . . . . . . . . . . . . . . 15 | |||
| 7. Acknowledgments . . . . . . . . . . . . . . . . . . . . . . 16 | 7. Acknowledgments . . . . . . . . . . . . . . . . . . . . . . 16 | |||
| Normative References . . . . . . . . . . . . . . . . . . . . 16 | Normative References . . . . . . . . . . . . . . . . . . . . 16 | |||
| Informative References . . . . . . . . . . . . . . . . . . . 17 | Informative References . . . . . . . . . . . . . . . . . . . 16 | |||
| Author's Address . . . . . . . . . . . . . . . . . . . . . . 17 | Author's Address . . . . . . . . . . . . . . . . . . . . . . 17 | |||
| Intellectual Property and Copyright Statements . . . . . . . 18 | Intellectual Property and Copyright Statements . . . . . . . 18 | |||
| 1. Introduction | 1. Introduction | |||
| This memo lays out a conceptual framework and rules of thumb to | This memo lays out a conceptual framework and rules of thumb to | |||
| assist working groups dealing with IPR issues. The goal is to | assist working groups dealing with IPR issues. The goal is to | |||
| achieve a balance between the needs of IPR claimants and the | achieve a balance between the needs of IPR claimants and the | |||
| implementers of IETF standards which is appropriate to current times. | implementers of IETF standards which is appropriate to current times. | |||
| As part of trying to distill out principles for dealing with IPR in | As part of trying to distill out principles for dealing with IPR in | |||
| skipping to change at page 4, line 7 ¶ | skipping to change at page 4, line 7 ¶ | |||
| requirement that technology must be licensed royalty-free. This is | requirement that technology must be licensed royalty-free. This is | |||
| currently not possible in the IETF. | currently not possible in the IETF. | |||
| Even if the IETF had membership agreements, they would be difficult | Even if the IETF had membership agreements, they would be difficult | |||
| to formulate in a way that covered IPR issues, because the IETF's | to formulate in a way that covered IPR issues, because the IETF's | |||
| work includes technology from other sources and because the IETF | work includes technology from other sources and because the IETF | |||
| collaborates with organizations that work with different approaches | collaborates with organizations that work with different approaches | |||
| to intellectual property. The IETF can encounter four different IPR | to intellectual property. The IETF can encounter four different IPR | |||
| situations, at almost any time during the life of a document: | situations, at almost any time during the life of a document: | |||
| o A document submitter notes their IPR claim regarding the contents | o A document submitter notes their (or their represented | |||
| of the document. | organization's) IPR claim regarding the contents of the document. | |||
| o A non-submitter IETF participant claims that the contents of a | o A non-submitter IETF participant claims that the contents of a | |||
| document are covered by their (or their represented | document are covered by their (or their represented | |||
| organization's) own IPR. | organization's) own IPR. | |||
| o An IETF participant notes IPR that is claimed by an individual or | o An IETF participant notes IPR that is claimed by an individual or | |||
| organization with which neither an author of the document, nor the | organization with which neither an author of the document, nor the | |||
| participant noting the IPR, have an affiliation. | participant noting the IPR, have an affiliation. | |||
| o An individual or organization that does not participate in the | o An individual or organization that does not participate in the | |||
| skipping to change at page 4, line 41 ¶ | skipping to change at page 4, line 41 ¶ | |||
| working groups need a great deal of freedom in dealing with IPR | working groups need a great deal of freedom in dealing with IPR | |||
| issues. However, some amount of consistency is important so that | issues. However, some amount of consistency is important so that | |||
| both contributors and users of eventual standards can know what to | both contributors and users of eventual standards can know what to | |||
| expect. | expect. | |||
| 3. The Approach | 3. The Approach | |||
| The goal of this memo is not to make rules. The goal is to give | The goal of this memo is not to make rules. The goal is to give | |||
| working groups as much information as possible to make informed | working groups as much information as possible to make informed | |||
| decisions, and then step out of the way. The other IPR working group | decisions, and then step out of the way. The other IPR working group | |||
| memos [5][6] lay out what needs to be done once a particular piece | memos [5][6] lay out what needs to be done once a particular piece of | |||
| of technology is selected as a working group draft. However, this | technology is selected as a working group draft. However, this | |||
| doesn't help when a working group is trying to decide whether or not | doesn't help when a working group is trying to decide whether or not | |||
| to select a technology in the first place. This third memo is written | to select a technology in the first place. This third memo is written | |||
| to help in making that decision. We want to build a conceptual | to help in making that decision. We want to build a conceptual | |||
| framework, a new set of "common knowledge", to make it easier for | framework, a new set of "common knowledge", to make it easier for | |||
| working groups to deal with intellectual property issues. | working groups to deal with intellectual property issues. | |||
| To do so, we first present a number of "case studies" in Section 4 -- | To do so, we first present "case studies" in Section 4 -- real events | |||
| real events that have happened in recent years, and how different | that have happened in recent years, and how different working groups | |||
| working groups dealt with them -- plus notes on possible lessons to | dealt with them -- plus notes on possible lessons to be learned. In | |||
| be learned. In Section 5, we expand on these lessons and try to | Section 5, we expand on these lessons and try to extract general | |||
| extract general principles. | principles. | |||
| 4. Case Studies | 4. Case Studies | |||
| The best way to know what works in dealing with IPR is to look at | The best way to know what works in dealing with IPR is to look at | |||
| past attempts to do so. The following are selected as cases from | past attempts to do so. The following are selected as cases from | |||
| which general lessons might be extracted. Other lessons might be | which general lessons might be extracted. Other lessons might be | |||
| extracted from other cases, but the cases below cover the important | extracted from other cases, but the cases below cover the important | |||
| ones. | ones. | |||
| 4.1 PPP CCP and ECP | 4.1 PPP CCP and ECP | |||
| skipping to change at page 7, line 7 ¶ | skipping to change at page 7, line 7 ¶ | |||
| Lessons: | Lessons: | |||
| o IPR is just one issue in deciding whether to adopt a technology. | o IPR is just one issue in deciding whether to adopt a technology. | |||
| o IPR is not an all-or-nothing issue. There are different types and | o IPR is not an all-or-nothing issue. There are different types and | |||
| levels of IPR protection. | levels of IPR protection. | |||
| o The IPR's lifecycle phase can be a consideration. | o The IPR's lifecycle phase can be a consideration. | |||
| 4.4 CDI WG (Content Distribution Internetworking) | 4.4 VRRP (Virtual Router Redundancy Protocol) | |||
| The CDI (Content Distribution Internetworking) Working Group laid out | ||||
| an overall architecture and found that a number of related | ||||
| technologies had IPR claims associated with them, based on work done | ||||
| before the working group was started. The working group participants | ||||
| decided there was little chance of producing alternative technologies | ||||
| which were as useful and which did not run up against these IPR | ||||
| claims. As usual, there was no good way to evaluate claims and | ||||
| possible licensing terms until after the technology had been | ||||
| completely specified (at the earliest). | ||||
| However, working group participants generally thought they had a good | ||||
| idea what to expect from each other with regard to licensing, and in | ||||
| fact expected few if any problems. The expected risks were low | ||||
| enough that they thought the ultimate benefits of using the patented | ||||
| technologies outweighed the expected burden of the IPR issues. The | ||||
| working group participants decided they did not need to consider IPR | ||||
| as an issue in determining which technologies to adopt. | ||||
| Lessons: | ||||
| o Past experience with patent claimants can be used as a significant | ||||
| factor in evaluating the possible impact of IPR. It can lead to | ||||
| enough mutual trust that concerns about licensing terms do not | ||||
| slow the working group down. | ||||
| 4.5 VRRP (Virtual Router Redundancy Protocol) | ||||
| The working group was standardizing VRRP based on a protocol | The working group was standardizing VRRP based on a protocol | |||
| developed outside the IETF. The IPR claimant supported that protocol | developed outside the IETF. The IPR claimant supported that protocol | |||
| and stated that it would license its IPR for that protocol if it | and stated that it would license its IPR for that protocol if it | |||
| became the standard, but not for the similar protocol the working | became the standard, but not for the similar protocol the working | |||
| group was developing. The working group participants decided to go | group was developing. The working group participants decided to go | |||
| ahead and standardize the protocol developed in the working group | ahead and standardize the protocol developed in the working group | |||
| anyway. The IPR claimant has only claimed its patent when someone | anyway. The IPR claimant has only claimed its patent when someone | |||
| else claimed a patent against it. There is no evidence that the | else claimed a patent against it. There is no evidence that the | |||
| working group participants actually thought about the implications of | working group participants actually thought about the implications of | |||
| the IPR claim when it went ahead with its choice of protocol. | the IPR claim when they went ahead with their choice of protocol. | |||
| Lessons: | Lessons: | |||
| o IPR claims should never be disregarded without good cause. Due | o IPR claims should never be disregarded without good cause. Due | |||
| diligence should be done to understand the consequences of each | diligence should be done to understand the consequences of each | |||
| claim. | claim. | |||
| 4.6 Secure Shell (SecSH) | 4.5 Secure Shell (SecSH) | |||
| This is primarily an unfinished trademark issue, not a patent issue, | This is primarily an unfinished trademark issue, not a patent issue, | |||
| since the patent issue has been worked out outside of the IETF. The | since the patent issue has been worked out outside of the IETF. The | |||
| holder of a trademark wants the IETF to stop using "SSH" in the names | holder of a trademark wants the IETF to stop using "SSH" in the names | |||
| and bodies of its proposed standards. The working group participants | and bodies of its proposed standards. The working group participants | |||
| have thought through the details of the claims, and possible | have thought through the details of the claims, and possible | |||
| implications and risks, and decided to go ahead and continue using | implications and risks, and decided to go ahead and continue using | |||
| the names as they are now. | the names as they are now. | |||
| Lessons: | Lessons: | |||
| o Working group participants can evaluate IPR claims not only for | o Working group participants can evaluate IPR claims not only for | |||
| their possible validity, but also for the risk of misjudging that | their possible validity, but also for the risk of misjudging that | |||
| validity. The impact of honoring the IPR claim may be major or | validity. The impact of honoring the IPR claim may be major or | |||
| minor. | minor. | |||
| 4.7 IDN (Internationalized Domain Name) | 4.6 IDN (Internationalized Domain Name) | |||
| The IDN working group dealt with a number of IPR claims. Several were | The IDN Working Group dealt with a number of IPR claims. Several were | |||
| made which did not overlap with the technology -- the IPR claimants | made which did not overlap with the technology -- the IPR claimants | |||
| said the patents were being announced just in case the working group | said the patents were being announced just in case the working group | |||
| decided to go that way. In one case, even though a patent was | decided to go that way. In one case, even though a patent was | |||
| announced as purely defensive, many working group participants | announced as purely defensive, many working group participants | |||
| investigated the claims themselves. They concluded that it did not | investigated the claims themselves. They concluded that it did not | |||
| overlap. | overlap. | |||
| In one case, an IPR claimant asserted that the working group's | In one case, an IPR claimant asserted that the working group's | |||
| documents, and in fact the IETF as a whole, were infringing on its | documents, and in fact the IETF as a whole, were infringing on its | |||
| rights. Individual working group participants consulted with their | rights. Individual working group participants consulted with their | |||
| skipping to change at page 8, line 47 ¶ | skipping to change at page 8, line 21 ¶ | |||
| working group's developing technology, and decided that they need not | working group's developing technology, and decided that they need not | |||
| be concerned about the claims. This was reflected in the direction | be concerned about the claims. This was reflected in the direction | |||
| the group as a whole decided to take. | the group as a whole decided to take. | |||
| In another case, patent claims were asserted that appeared to be | In another case, patent claims were asserted that appeared to be | |||
| derived from working group discussion, rather than vice versa (or | derived from working group discussion, rather than vice versa (or | |||
| independent discovery). The claimants were known to be following the | independent discovery). The claimants were known to be following the | |||
| working group's work when the ideas were proposed, and their patent | working group's work when the ideas were proposed, and their patent | |||
| filing was considerably subsequent to that time. | filing was considerably subsequent to that time. | |||
| In 2000 the IDN working group discovered a patent that some | In 2000 the IDN Working Group discovered a patent that some | |||
| participants thought might apply to one of their main drafts. If it | participants thought might apply to one of their main drafts. If it | |||
| did, it could affect their work profoundly -- to the extent that some | did, it could affect their work profoundly -- to the extent that some | |||
| suggested that if they could not work out reasonable licensing terms | suggested that if they could not work out reasonable licensing terms | |||
| with the IPR claimant they might just disband. As a group and | with the IPR claimant they might just disband. As a group and | |||
| individually, participants corresponded with the IPR claimant in | individually, participants corresponded with the IPR claimant in | |||
| order to get an explicit statement of licensing terms, preferably | order to get an explicit statement of licensing terms, preferably | |||
| royalty-free. By doing so they gained a better understanding of just | royalty-free. By doing so they gained a better understanding of just | |||
| which working group activities were seen as infringing on the patent, | which working group activities were seen as infringing on the patent, | |||
| and at least some understanding of the IPR claimant's intentions and | and at least some understanding of the IPR claimant's intentions and | |||
| philosophy. Since the patent holder seemed to have an interest in | philosophy. Since the patent holder seemed to have an interest in | |||
| skipping to change at page 11, line 12 ¶ | skipping to change at page 10, line 33 ¶ | |||
| evaluated. A working group's knowledge of IPR claims may therefore | evaluated. A working group's knowledge of IPR claims may therefore | |||
| depend upon when a claimant steps forward during the course of a | depend upon when a claimant steps forward during the course of a | |||
| working group's deliberations. | working group's deliberations. | |||
| 5.3 IPR as a Technology Evaluation Factor | 5.3 IPR as a Technology Evaluation Factor | |||
| How do you weigh IPR claims against other issues when deciding | How do you weigh IPR claims against other issues when deciding | |||
| whether to adopt a technology? | whether to adopt a technology? | |||
| The ultimate goal of the IETF is to promote the overall health, | The ultimate goal of the IETF is to promote the overall health, | |||
| robustness, flexibility and utility of the Internet infrastructure. | robustness, flexibility, and utility of the Internet infrastructure. | |||
| We base architectural decisions on our long-term extrapolations of | We base architectural decisions on our long-term extrapolations of | |||
| requirements by thinking in these terms. When considering a | requirements by thinking in these terms. When considering a | |||
| particular technology, we compare it with other technologies not just | particular technology, we compare it with other technologies not just | |||
| for its elegance of design in and of itself, but also for how it fits | for its elegance of design in and of itself, but also for how it fits | |||
| in the bigger picture. This is done at multiple levels. It is | in the bigger picture. This is done at multiple levels. It is | |||
| examined for how it fits into the overall design of the working | examined for how it fits into the overall design of the working | |||
| group's output, how it fits into the particular Internet | group's output, how it fits into the particular Internet | |||
| infrastructure area, how it fits with work going on in other areas, | infrastructure area, how it fits with work going on in other areas, | |||
| and how it fits in the long view of the Internet architecture. | and how it fits in the long view of the Internet architecture. | |||
| skipping to change at page 11, line 45 ¶ | skipping to change at page 11, line 17 ¶ | |||
| The problem with IPR as a technology evaluation factor is that it is | The problem with IPR as a technology evaluation factor is that it is | |||
| unlikely that a working group, as an entity, can ever claim to have | unlikely that a working group, as an entity, can ever claim to have | |||
| reached consensus on most IPR issues. The IETF as a whole, and a | reached consensus on most IPR issues. The IETF as a whole, and a | |||
| working group as a whole, takes no stance on the validity of any IPR | working group as a whole, takes no stance on the validity of any IPR | |||
| claim. It would be inappropriate for a working group chair to | claim. It would be inappropriate for a working group chair to | |||
| declare that consensus had been reached that, for example, a | declare that consensus had been reached that, for example, a | |||
| company's patent was invalid. Individual participants will need to | company's patent was invalid. Individual participants will need to | |||
| use whatever legal advice resources they have access to in order to | use whatever legal advice resources they have access to in order to | |||
| form their own individual opinions. Discussions about the validity | form their own individual opinions. Discussions about the validity | |||
| of IPR can take place under the auspices of the working group, in | of IPR may take place under the auspices of the working group, in | |||
| particular about relative risks of technology choices. Individual | particular about relative risks of technology choices. Individual | |||
| participants can take these discussions into account. The working | participants may take these discussions into account. The working | |||
| group as a body may not take a stance on validity, but it may make | group as a body may not take a stance on validity, but it may make | |||
| choices based on perceived risk. | choices based on perceived risk. | |||
| 5.4 Patents versus Pending Patents Applied For | 5.4 Patents versus Pending Patents Applied For | |||
| The IETF does not (cannot) expect IPR claimants to tell a working | The IETF does not (cannot) expect IPR claimants to tell a working | |||
| group specifically how they think a particular patent applies. If a | group specifically how they think a particular patent applies. If a | |||
| patent has already been granted, the IETF can reasonably expect | patent has already been granted, the IETF can reasonably expect | |||
| disclosure of the patent number and possibly the relevant IETF | disclosure of the patent number and possibly the relevant IETF | |||
| document sections, which will allow working group participants to | document sections, which will allow working group participants to | |||
| skipping to change at page 13, line 10 ¶ | skipping to change at page 12, line 29 ¶ | |||
| claims is rare. | claims is rare. | |||
| However, the level of confidence needed to consider IPR when | However, the level of confidence needed to consider IPR when | |||
| evaluating a technology is often not hard to get to. There are cases | evaluating a technology is often not hard to get to. There are cases | |||
| where risk is high (e.g. where licensing terms may be onerous) and | where risk is high (e.g. where licensing terms may be onerous) and | |||
| thus a high level of confidence about applicability is needed, but | thus a high level of confidence about applicability is needed, but | |||
| history shows that most of the time "rough" confidence is good | history shows that most of the time "rough" confidence is good | |||
| enough. | enough. | |||
| In all cases, licensing terms are a more significant consideration | In all cases, licensing terms are a more significant consideration | |||
| than the validity of the IPR claims. licensing terms often do not | than the validity of the IPR claims. Licensing terms often do not | |||
| limit the usefulness of the technology. It is difficult to be sure | limit the usefulness of the technology. It is difficult to be sure | |||
| about the validity of IPR claims. If the licensing terms can be | about the validity of IPR claims. If the licensing terms can be | |||
| determined to be reasonable, then the IPR claims become much less | determined to be reasonable, then the IPR claims become much less | |||
| important. | important. | |||
| 5.6 Licensing Terms | 5.6 Licensing Terms | |||
| Licensing terms vary across a range from no license required at all | Licensing terms vary across a range from no license required at all | |||
| to prohibitive. In general, working groups show a preference for | to prohibitive. In general, working groups show a preference for | |||
| technologies with IPR considerations in approximately the following | technologies with IPR considerations in approximately the following | |||
| order. This list does not constitute a rule, and every working group | order. This list does not constitute a rule, and every working group | |||
| needs to take its own circumstances into account. | needs to take its own circumstances into account. | |||
| o License not required. | o License not required. | |||
| o Licensed with no restrictions. | o IPR licensed with no restrictions. | |||
| o IPR licensed with no material restrictions, e.g. no trademark | o IPR licensed with no material restrictions, e.g. no trademark | |||
| license required. | license required. | |||
| o IPR licensed for a particular field of use but with no other | o IPR licensed for a particular field of use but with no other | |||
| material restrictions, e.g. licensed solely for implementations | material restrictions, e.g. licensed solely for implementations | |||
| complying with a standard. | complying with a standard. | |||
| o IPR licensed under royalty-free terms and reasonable and | o IPR licensed under royalty-free terms and reasonable and | |||
| non-discriminatory restrictions. | non-discriminatory restrictions. | |||
| skipping to change at page 15, line 7 ¶ | skipping to change at page 14, line 26 ¶ | |||
| licensed technology to become a draft standard, at least two | licensed technology to become a draft standard, at least two | |||
| independent licenses need to have been issued. If the IPR claimant | independent licenses need to have been issued. If the IPR claimant | |||
| for the technology the working group is considering has licensed | for the technology the working group is considering has licensed | |||
| other technology in the past, there is a record of the sorts of terms | other technology in the past, there is a record of the sorts of terms | |||
| they are willing to grant, at least in those specific cases. This | they are willing to grant, at least in those specific cases. This | |||
| sort of thing is weak but everything counts, and it may be of some | sort of thing is weak but everything counts, and it may be of some | |||
| help. | help. | |||
| In many jurisdictions that issue patents, inventors are required to | In many jurisdictions that issue patents, inventors are required to | |||
| file patent applications within 12 months of public disclosure or use | file patent applications within 12 months of public disclosure or use | |||
| of a novel method or process. Since many of these jurisdictions also | of a novel method or process. Since many of these jurisdictions also | |||
| provide for publication of pending patent applications 18 months | provide for publication of pending patent applications 18 months | |||
| after a patent application is filed, the ability to determine whether | after a patent application is filed, the ability to determine whether | |||
| or not claims have been made at all relating to a particular | or not claims have been made at all relating to a particular | |||
| technology increases 30 months (12 + 18) after the public disclosure | technology increases 30 months (12 + 18) after the public disclosure | |||
| or use of that technology. | or use of that technology. | |||
| 5.7 Third-Party Disclosure of IPR Claims | 5.7 Third-Party Disclosure of IPR Claims | |||
| It is good to notify the IETF of relevant IPR claims even when they | It is good to notify the IETF of relevant IPR claims even when they | |||
| are not one's own, and [6] says to do so "as soon as possible". | are not one's own, and [6] says to do so "as soon as possible". | |||
| However, anyone considering such a disclosure should do some | However, anyone considering such a disclosure should do some | |||
| preliminary exploration with the affected working group(s) beforehand | preliminary exploration with the affected working group(s) beforehand | |||
| (see Section 5.7.1). Third-party disclosure is a potential denial of | (see Section 5.7.1). Third-party disclosure is a potential denial of | |||
| service threat to the working group, and therefore it is good form to | service threat to the working group, and therefore it is good form to | |||
| proceed slowly at first. | proceed slowly at first. | |||
| Working group participants should be aware that third-party | Working group participants should be aware that third-party | |||
| disclosure can be used, knowingly or unknowingly, to defocus and | disclosure can be used, knowingly or unknowingly, to defocus and | |||
| distract the working group and hinder its progress. They should | distract the working group and hinder its progress. They should | |||
| evaluate third party disclosures accordingly. Working group chairs | evaluate third-party disclosures accordingly. Working group chairs | |||
| should be willing and able to discipline those they think are using | should be willing and able to discipline those they think are using | |||
| the third-party disclosure system inappropriately. Those who think | the third-party disclosure system inappropriately. Those who think | |||
| they are being unfairly blocked may take the matter up with the Area | they are being unfairly blocked may take the matter up with the Area | |||
| Directors and/or the IESG. | Directors and/or the IESG. | |||
| All of the criteria for evaluating IPR claims discussed in the | All of the criteria for evaluating IPR claims discussed in the | |||
| sections above apply in the case of third-party disclosures as well, | sections above apply in the case of third-party disclosures as well, | |||
| to the extent they can be practiced. | to the extent they can be practiced. | |||
| 5.7.1 Third-Party Disclosure Advice | 5.7.1 Third-Party Disclosure Advice | |||
| This subsection provides advice to those considering making | This subsection provides advice to those considering making | |||
| skipping to change at page 17, line 12 ¶ | skipping to change at page 16, line 32 ¶ | |||
| [2] Postel, J., "Addendum to RFC 1602 -- Variance Procedure", BCP 2, | [2] Postel, J., "Addendum to RFC 1602 -- Variance Procedure", BCP 2, | |||
| RFC 1871, November 1995. | RFC 1871, November 1995. | |||
| [3] Kastenholz, F., "Variance for The PPP Connection Control | [3] Kastenholz, F., "Variance for The PPP Connection Control | |||
| Protocol and The PPP Encryption Control Protocol", BCP 3, RFC | Protocol and The PPP Encryption Control Protocol", BCP 3, RFC | |||
| 1915, February 1996. | 1915, February 1996. | |||
| [4] Bradner, S., "The Internet Standards Process -- Revision 3", BCP | [4] Bradner, S., "The Internet Standards Process -- Revision 3", BCP | |||
| 9, RFC 2026, October 1996. | 9, RFC 2026, October 1996. | |||
| [5] Bradner, S., "IETF Rights in Submissions", | [5] Bradner, S., "IETF Rights in Contributions", | |||
| draft-ietf-ipr-submission-rights-04 (work in progress), April | draft-ietf-ipr-submission-rights-05 (work in progress), June | |||
| 2003. | 2003. | |||
| [6] Bradner, S., "Intellectual Property Rights in IETF Technology", | [6] Bradner, S., "Intellectual Property Rights in IETF Technology", | |||
| draft-ietf-ipr-technology-rights-06 (work in progress), May | draft-ietf-ipr-technology-rights-08 (work in progress), June | |||
| 2003. | 2003. | |||
| Informative References | Informative References | |||
| [7] Wu, T., "The SRP Authentication and Key Exchange System", RFC | [7] Wu, T., "The SRP Authentication and Key Exchange System", RFC | |||
| 2945, September 2000. | 2945, September 2000. | |||
| Author's Address | Author's Address | |||
| Scott Brim | Scott Brim | |||
| skipping to change at page 19, line 7 ¶ | skipping to change at page 19, line 7 ¶ | |||
| The limited permissions granted above are perpetual and will not be | The limited permissions granted above are perpetual and will not be | |||
| revoked by the Internet Society or its successors or assignees. | revoked by the Internet Society or its successors or assignees. | |||
| This document and the information contained herein is provided on an | This document and the information contained herein is provided on an | |||
| "AS IS" basis and THE INTERNET SOCIETY AND THE INTERNET ENGINEERING | "AS IS" basis and THE INTERNET SOCIETY AND THE INTERNET ENGINEERING | |||
| TASK FORCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING | TASK FORCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING | |||
| BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION | BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION | |||
| HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF | HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF | |||
| MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. | MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. | |||
| Acknowledgement | Acknowledgment | |||
| Funding for the RFC Editor function is currently provided by the | Funding for the RFC Editor function is currently provided by the | |||
| Internet Society. | Internet Society. | |||
| End of changes. 28 change blocks. | ||||
| 70 lines changed or deleted | 42 lines changed or added | |||
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