Subject: Re: [Asrg] Patents and ASRG (was (Position): Successful anti-spam techniques must avoid software patents)

From: Yakov Shafranovich <[email-masked]>
Date: Tue, 27 May 2003 20:30:24 -0400

At 06:10 PM 5/27/2003 -0400, David Wheeler wrote:

>Hi - I didn't see a clear position on the ASRG main page
>(http://www.irtf.org/charters/asrg.html) on software patents.
>I believe any useful ASRG result MUST avoid software patents and/or identify
>reasons why any patent claims are, almost certainly, invalid.
>I believe the ASRG work should be based on this position.
>[...]

David,

I am actually working on a draft summarizing the intellectual property 
relevant to our group. The IETF has a working group working on general IPR 
issues relevant to both IRTF and IETF 
(http://www.ietf.org/html.charters/ipr-charter.html). The following is a 
copy of an email I received from the IRTF chair (Vern Paxson):

>From: Vern Paxson <[email-masked]>
>
> > I do not believe the
> > IRTF has policies on non-document "communication" (oral, email, phone,
> > fax, etc.), but they may be working on them.
>
>Correct, there's no explicit policy, but one is clearly needed.  I thinking
>it'll boil down to "you must be up front about related IPR if you are
>participating in discussions".
>
>                 Vern

Also, the following is a copy of an email I received from one of the 
members of the IPR WG, Scott Brim:

>From: Scott W Brim <[email-masked]>
>
>On Wed, May 21, 2003 10:59:45PM -0400, Yakov Shafranovich allegedly wrote:
> > Hi,
> >
> > I am a member of the Anti Spam Research Group (ASRG) of the IRTF
> > (http://www.irtf.org/asrg/). In our discussions we came across various
> > patents and other IP matters that are related to technologies used for
> > fighting spam. I was considering putting together a document summarizing
> > these IP considerations for our working group and I came across your draft
> > I would like to solicit advice from you and your working group as to the
> > following:
> >
> > 1. Is an IRTF WG (as opposed to an IETF WG) required to work on IP
> > considerations?
>
>The publication process for drafts and RFCs encourages disclosure of IPR
>for every document, not just standards-track ones.  I do not believe the
>IRTF has policies on non-document "communication" (oral, email, phone,
>fax, etc.), but they may be working on them.  I've CCed Vern Paxson.
>
> > 2. Are there any formal guidelines as to what information should be
> > collected regarding potential IP claims?
>
>First, see Section 6 in draft-ietf-ipr-technology-rights-06.txt, which
>tells you what must and should be disclosed.
>
>Second, see the section in my draft on third-party disclosures for some
>guidelines on the steps you want to go through.  The goal is to keep
>third-party disclosures from becoming a denial-of-service attack on the
>WG.
>
> > 3. Can IP claims be summarized in a separate document or Internet 
> Draft, or
> > should they be reported directly to IETF/IRTF?
>
>The first thing I would do is collect your information and share it with
>the WG chairs.  Then you all can decide how to proceed.  The
>technology-rights draft, above, describes how to submit disclosures when
>and if you get to that point.
>
> > 4. Should IP owners be asked for extent and opinion on their IP claims?
>
>Absolutely.  It's always better to give them the scope to disclose their
>own IPR and licensing terms as they see fit.  You may get some friendly
>disclosures that way.
>
>.swb

---------------------------------------------------------------------------------------------------
Yakov Shafranovich / <[email-masked]>
SolidMatrix Research, a division of SolidMatrix Technologies, Inc.
---------------------------------------------------------------------------------------------------
"One who watches the wind will never sow, and one who keeps his eyes on
the clouds will never reap" (Ecclesiastes 11:4)
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