Re: Patented RFC Code

Jorge - this makes an assumption of informed consent and
that is something 
we both know is missing from all IETF submission and IP
right conveyance 
processes. That said I think you are missing the real issues
herein.

    1)     Any submission will have Patent Implications and
as such MUST be 
disclosed in proper language honoring those.  Patent rights
cannot be 
separated from technologies discussions made in print
through the IETF.

    2)    Any submission made to the IETF under an IP that
is challenged by 
a 3rd party must be halted until such time as that IP's
ownership is 
resolved.

    3)    Individuals rights are more important than the
IETF's rights since 
the IETF is only operating a Standards Process and not
creating a war-chest 
of IP right?

Todd

----- Original Message ----- 
From: "Contreras, Jorge" <Jorge.Contreraswilmerhale.com>
To: "Stephane Bortzmeyer" <bortzmeyernic.fr>; "Harald Alvestrand" 
<haraldalvestrand.no>
Cc: "IPR WG" <ipr-wgietf.org>
Sent: Wednesday, January 17, 2007 4:32 AM
Subject: Patented RFC Code


> "Can I take code from a RFC and use it
> in free software?"

Under the current rules, if it is patented,
you will need a license from the patent owner.

Also under the current rules, if the Contributor
has a patent covering the software, he/she is
required to disclose the patent.  These
disclosures are posted at 
https://datatracker.ietf.org/public/ipr_disclosure.cgi.

The idea being that, if you want to use code from
an RFC, you should be able to determine whether the
Contributor claims patent rights in it.  If there
is no disclosure of patent rights, then it would not
be unreasonable to assume that the Contributor does
NOT have such patent rights.  However, this says nothing
about whether or not third parties may have patent
rights that are relevant and need to be licensed.

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