RE: Nokia Patent discussion FW: [Dime] First results on Diameter vs. RadSec patent research:EP1147635

[<john.loughney@nokia.com>]

David,

I copied Stephan on the mail, as he asked to be contacted for any
follow-up questions. 
With respect to being compatible to Open Source, what is meant is that
Nokia will not
assert its patents against open source implementations (as far as I
know), though
Stephan can correct me.

John

>-----Original Message-----
>From: ext David B. Nelson [mailto:dnelson@elbrysnetworks.com] 
>Sent: 01 August, 2007 20:40
>To: Loughney John (Nokia-NRC/PaloAlto); dime@ietf.org; 
>radiusext@ops.ietf.org
>Subject: RE: Nokia Patent discussion FW: [Dime] First results 
>on Diameter vs. RadSec patent research:EP1147635
>
>> Non-assert statements like this are widely used in the IETF, as they 
>> are believed to provide sufficient defensive protection for 
>the owner, 
>> while still allowing implementers and users to exercise the 
>protected 
>> technology without a license and for free, as long as they behave 
>> similarly nice...
>
>It is true that "non-assert" IPR statements are frequently 
>issued these days.
>
>> In that, non-asserts are believed to be compatible with most open 
>> source licenses.
>
>Compatible?  What does that mean?
>
>A reciprocal non-assert is not quite the same thing as open 
>source.  Open source has to do with copyright IPR, not patent 
>IPR.  Additionally, reciprocal non-asserts would appear to 
>apply to all patents that an organization may hold, not only 
>those that are related to standards.  In that regard, it is 
>tantamount to an implicit (and broad) cross-licensing 
>agreement, which would include patents covering proprietary 
>technology as well as open standards based technology.
>
>Still, it is better than nothing, and very useful to companies 
>that don't intend to enforce _any_ of their patent portfolio 
>against infringement by the non-assert grantors.  Of course, 
>it also works out fine for companies that don't have patents 
>to enforce.  :-)
>
>Standard disclaimer: I am not a lawyer.
>
>
>

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