Subject: The SSL license offer.

From: "Hallam-Baker, Phillip" <[email-masked]>
Date: Thu, 2 Sep 2004 08:53:43 -0700

>   I am not aware of what patents cover SSL, but your argument is
> incomplete without a description of the license terms.  This 
> is, I fully
> acknowledge, something I am not too familiar with and intend 
> to read up
> on, especially since there is a work in progress library (gnutls) that
> is intended to replace openssl, if I'm not mistaken.

The patent is held by Netscape (AOL) and covers transport layer 
security. The terms are considerably more vague than in the SenderID
case. Netscape does not promise to offer a sublicensable patent or
even to offer reasonable or non discriminatory terms.

Netscape Communications has issued the following statement: 

Intellectual Property Rights 

Secure Sockets Layer 

The United States Patent and Trademark Office ("the PTO") recently issued
U.S. Patent No. 5,657,390 ("the SSL Patent") to Netscape for inventions
described as Secure Sockets Layers ("SSL"). The IETF is currently
considering adopting SSL as a transport protocol with security features.
Netscape encourages the royalty-free adoption and use of the SSL protocol
upon the following terms and conditions: 

If you already have a valid SSL Ref license today which includes source code
from Netscape, an additional patent license under the SSL patent is not
required. 
@ 
If you don't have an SSL Ref license, you may have a royalty free license to
build implementations covered by the SSL Patent Claims or the IETF TLS
specification provided that you do not to assert any patent rights against
Netscape or other companies for the implementation of SSL or the IETF TLS
recommendation. 
What are "Patent Claims": 

Patent claims are claims in an issued foreign or domestic patent that: 

1) must be infringed in order to implement methods or build products
according to the IETF TLS specification; or 

2) patent claims which require the elements of the SSL patent claims and/or
their equivalents to be infringed.

---

From: Roy Badami <[email-masked]>
Date: Thu, 2 Sep 2004 20:57:08 +0100

>>>>> "Hallam-Baker," == Hallam-Baker, Phillip <[email-masked]> writes:

    Hallam-Baker,> The patent is held by Netscape (AOL) and covers
    Hallam-Baker,> transport layer security. The terms are
    Hallam-Baker,> considerably more vague than in the SenderID
    Hallam-Baker,> case. Netscape does not promise to offer a
    Hallam-Baker,> sublicensable patent or even to offer reasonable or
    Hallam-Baker,> non discriminatory terms.

Hmm, I guess we won't be seeing STARTTLS support in OSS MTAs any time
soon then... :-)

     -roy