Subject: Who is responsible when IETF IP work violates patent rights?

From: "TS Glassey" <[email-masked]>
Date: Thu, 26 Jun 2008 11:36:38 -0800

We need to understand what happens when the IETF's process runs into a
patent which is formally disclosed as 'issued' and it constrains areas where
the IETF wants to standardize its protocols. This is especially true where
the IETF is informed it will have no rights to that patent or to sublicense
it.

The real issue is whether the IETF in intentionally creating WG's which
create IP which violates patented areas of technology is liable and whether
that liability is promulgated through the IETF's process to the Participants
and their Sponsor's. My belief is that this is in fact true. That the IETF's
knowingly and intentionally or incompetently allowing the development of a
public standards initiative which violates issues patents is something that
not even ISOC can hide from the liability of.

My own take is that the potential for Summary Judgment's being issued
against the IETF and those other's involved is pretty substantial by the
US District Court in this matter. Those same claims flow all the way
down the ladder as well I believe.

I suggest that when a patent is filed formally with the IETF and it is
already issued, that the IETF must respect those IP Rights and not allow the
development of IP in those areas if it is not given authority by the Patent
Owner to do so. And further that it is the responsibility of the Area
Director's to enforce this on their WG's and the WG Chairs
responsibility to enforce this at the WG Level. The failure to do
so would evoke liability to those individuals as well.

If I am wrong here Jorge please tell us all. Otherwise, I suggest that
we need to revise these processes immediately to take this into
account.

---
Personal Disclaimers Apply

TS Glassey

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