Subject: Re: Effect of the IPR mandates

From: Russ Housley <[email-masked]>
Date: Wed, 29 Oct 2008 17:53:21 -0400

Todd:

IPR disclosures that are required by BCP 79 are automatically posted 
on the IETF's public IPR disclosure page (www.ietf.org/ipr).  These 
disclosures may be viewed by anyone.  In addition, under Section 4(A) 
of BCP 79, the RFC Editor is required to include in each RFC a notice 
of any IPR disclosure pertaining to that RFC made prior to its 
publication.  Moreover, it is current practice to forward IPR 
disclosures that reference a particular IETF Document to the relevant 
people.  The IETF believes that these procedures provide
sufficient notice of IPR disclosures made within the IETF process.

Under no circumstances does the IETF assume responsibility for 
informing implementors of IPR that may be relevant to their products 
or services, whether or not they implement IETF protocols or 
standards.  The relevant IPR owners are free to notify implementors 
of relevant IPR as they wish.

Russ

At 11:06 PM 10/27/2008, TS Glassey wrote:
>Chair -  Because of how the IETF's BCP78 and other IPR constraining 
>document's mandate a disclosure per I-D, you need to set the 
>expectation that those WG's WILL see patent claims. And that those 
>member's MUST contact their sponsor's to formally disclose to their 
>sponsor's the patent claims.
>
>Then their Sponsor's Legal Staff and not the participant can make an 
>informed decision as to whether to continue the Participant's participation.
>
>The problem that the IETF's existing process under BCP78 creates is 
>that withholding of this key data from the Sponsor's legal 
>department constitutes a serious criminal matter since the 
>participants formally warrant to the IETF that they have in fact 
>done this and they warrant that across  State Lines through an Email 
>or other Electronic Transports making that an act (whether 
>prosecuted or not) of Fraud by Wire one would think.
>
>Perhaps you can get Jorge's opinion on this.
>
>TS Glassey

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