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Re: Help with Apple's SSM IPR claim



--On 19. mai 2003 23:04 -0700 Bill Fenner <fenner@research.att.com> wrote:

http://www.ietf.org/ietf/IPR/APPLE-SSM.txt

Apparently Stuart realized a patent that Apple had could apply to
SSM, so had them file an IPR disclosure.  Now one WG participant,
and the chairs, are worried about moving SSM forward on the
standards track if Apple won't promise royalty-free licensing.
Mumble.
The statement reads to me as if the writer wanted to say "royalty-free", but wasn't allowed to by company guidelines.

Hugh Holbrook, one of the WG chairs, asked:
If we put this forward as a standard with the current IPR statement as
it stands, do you have any idea what is likely to happen?

Pekka told me he would oppose it going forward as an IETF standards
document unless Apple changes their disclosure to include Royalty-Free
licensing, and I'm sure there are others in the same camp.  Maybe even
me.
My impression is that the answer to the first question would be that
we would make sure the IPR boilerplate was present in the RFC and
nothing more.
that's right - for the formalisms. But we would also ask Hugh to assure us that the WG had consensus to publish the document as an IETF standard after the IPR statement was known to the group.

Further questions from Hugh:
Is there any policy or precedent for giving an ultimatum to a
company to demand RF licensing or we kill the standard?  And if so,
who has the authority to do this?  Me?  The IESG?  The IAB?
Yes - the Entrust patent (on putting CRL locations into certificates, I think). I'm sure Steve and Russ will remember. Jeff Schiller was, I believe, instrumental in getting the message across; the killer argument (as reported by Jeff) was "if you don't give RF rights, nobody will ever listen to anything you say in the IETF, ever again".

As far as I know, all we have the authority to do is ask for a
statement.  On the other hand, the WG chair has the *ability* to
give an ultimatum by not forwarding the document.  I dunno about
*authority*.
we-the-IESG have no authority.
we-the-IETF have the authority to say "the community will refuse to standardize this technology unless RF is available". If that's the truth.

If Apple gives in, it would be a very nice case of the IPR process working.

Harald