- From: Donald E. Eastlake 3rd <dee3@torque.pothole.com>
- Date: Wed, 03 Oct 2001 09:14:43 -0400
- To: www-patentpolicy-comment@w3.org
- cc: dee3@torque.pothole.com
There have been statements that the IETF requires Royalty Free
licensing before it "includes" patented technology in a standard.
This is obviously false. (However, I would like to make it clear that
I think the patent system, particularly the US Patent system as it
relates to software is a monster out of control.)
For example, the IETF does lots of standards of the form, how to send
Internet Protocol (IP) packets over X for various X technologies.
Should it refuse to do so because X is patented? Ethernet was patented
and the Internet probably wouldn't exist if IP had not been sent over
Ethernet.
Early IETF email security standards used RSA which was patented.
(Admittedly, the IETF used its barganing leverage to get the RSAREF
package released for royalty free use but that was only for limited
non-commercial applications.)
Of course the IETF prefers unrestricted / royalty free technoloy and
if it can't get that, technology with reasonable and non-discrimintory
licensing. And the IETF has changed many standards under development
to avoid patents or patent claims that were discovered or
announced. But there are many different ways in which patented
technology can be included in a standard, many different shades of
licensing, etc., and the IETF's current procedures carefully avoid
painting itself into a box if the use of some patented technology
turns out to be essential or advisable. For example, the IETF could
see it as being in its interest for there to be a good standard,
compatible with other IETF standards, for you to format messages sent
over some proprietary system that is licensed in an unreasonable
fashion. That said, it is true that the W3C has a smaller range of
standards types, almost entirely at the application level, while the
IETF has to accomodate a much broader range.
The current IETF policy is stated in RFC 2026
<ftp://ftp.rfc-editor.org/in-notes/rfc2026.txt>, particularly section
10. I have pasted the most relevant part of Section 10 at the end of
this message.
Thanks,
Donald
=====================================================================
Donald E. Eastlake 3rd dee3@torque.pothole.com
155 Beaver Street +1 508-634-2066(h)
Milford, MA 01757 USA +1 508-261-5434(w)
[Note: The IESG is the Internet Engineering Steering Group which is
the body within the IETF which makes final standardization decisions.]
10.3.2. Standards Track Documents
(A) Where any patents, patent applications, or other proprietary
rights are known, or claimed, with respect to any specification on
the standards track, and brought to the attention of the IESG, the
IESG shall not advance the specification without including in the
document a note indicating the existence of such rights, or
claimed rights. Where implementations are required before
advancement of a specification, only implementations that have, by
statement of the implementors, taken adequate steps to comply with
any such rights, or claimed rights, shall be considered for the
purpose of showing the adequacy of the specification.
(B) The IESG disclaims any responsibility for identifying the
existence of or for evaluating the applicability of any claimed
copyrights, patents, patent applications, or other rights in the
fulfilling of the its obligations under (A), and will take no
position on the validity or scope of any such rights.
(C) Where the IESG knows of rights, or claimed rights under (A), the
IETF Executive Director shall attempt to obtain from the claimant
of such rights, a written assurance that upon approval by the IESG
of the relevant Internet standards track specification(s), any
party will be able to obtain the right to implement, use and
distribute the technology or works when implementing, using or
distributing technology based upon the specific specification(s)
under openly specified, reasonable, non-discriminatory terms.
The Working Group proposing the use of the technology with respect
to which the proprietary rights are claimed may assist the IETF
Executive Director in this effort. The results of this procedure
shall not affect advancement of a specification along the
standards track, except that the IESG may defer approval where a
delay may facilitate the obtaining of such assurances. The
results will, however, be recorded by the IETF Executive Director,
and made available. The IESG may also direct that a summary of
the results be included in any RFC published containing the
specification.
10.3.3 Determination of Reasonable and Non-discriminatory Terms
The IESG will not make any explicit determination that the assurance
of reasonable and non-discriminatory terms for the use of a
technology has been fulfilled in practice. It will instead use the
normal requirements for the advancement of Internet Standards to
verify that the terms for use are reasonable. If the two unrelated
implementations of the specification that are required to advance
from Proposed Standard to Draft Standard have been produced by
different organizations or individuals or if the "significant
implementation and successful operational experience" required to
advance from Draft Standard to Standard has been achieved the
assumption is that the terms must be reasonable and to some degree,
non-discriminatory. This assumption may be challenged during the
Last-Call period.
10.4. Notices
(A) Standards track documents shall include the following notice:
"The IETF takes no position regarding the validity or scope of
any intellectual property or other rights that might be claimed
to pertain to the implementation or use of the technology
described in this document or the extent to which any license
under such rights might or might not be available; neither does
it represent that it has made any effort to identify any such
rights. Information on the IETF's procedures with respect to
rights in standards-track and standards-related documentation
can be found in BCP-11. Copies of claims of rights made
available for publication and any assurances of licenses to
be made available, or the result of an attempt made
to obtain a general license or permission for the use of such
proprietary rights by implementors or users of this
specification can be obtained from the IETF Secretariat."
(B) The IETF encourages all interested parties to bring to its
attention, at the earliest possible time, the existence of any
intellectual property rights pertaining to Internet Standards.
For this purpose, each standards document shall include the
following invitation:
"The IETF invites any interested party to bring to its
attention any copyrights, patents or patent applications, or
other proprietary rights which may cover technology that may be
required to practice this standard. Please address the
information to the IETF Executive Director."
(C) The following copyright notice and disclaimer shall be included
in all ISOC standards-related documentation:
"Copyright (C) The Internet Society (date). All Rights
Reserved.
This document and translations of it may be copied and
furnished to others, and derivative works that comment on or
otherwise explain it or assist in its implmentation may be
prepared, copied, published and distributed, in whole or in
part, without restriction of any kind, provided that the above
copyright notice and this paragraph are included on all such
copies and derivative works. However, this document itself may
not be modified in any way, such as by removing the copyright
notice or references to the Internet Society or other Internet
organizations, except as needed for the purpose of developing
Internet standards in which case the procedures for copyrights
defined in the Internet Standards process must be followed, or
as required to translate it into languages other than English.
The limited permissions granted above are perpetual and will
not be revoked by the Internet Society or its successors or
assigns.
This document and the information contained herein is provided
on an "AS IS" basis and THE INTERNET SOCIETY AND THE INTERNET
ENGINEERING TASK FORCE DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE
OF THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE."
(D) Where the IESG is aware at the time of publication of
proprietary rights claimed with respect to a standards track
document, or the technology described or referenced therein, such
document shall contain the following notice:
"The IETF has been notified of intellectual property rights
claimed in regard to some or all of the specification contained
in this document. For more information consult the online list
of claimed rights."
Received on Wednesday, 3 October 2001 09:16:46 UTC