Re: Withdrawal of Approval and Second Last Call: draft-housley-tls-authz-extns

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Brian E Carpenter <brc@xxxxxxxxxxxxxx> writes:

> Simon,
>
> Can you identify any instance of a non-profit GPL implementor or
> distributor being sued for not having "sent a postcard" for the
> style of RF license you are objecting to?

Brian, two responses:

1) You seem to assume that GPL implementers would violate the patent
   license by redistributing their code without sending a postcard.
   In order words, your question assumes and implies bad-faith amongst
   GPL implementers.

   What typically happens in practice, among good-faith practitioners,
   is that there won't be any GPL (or Apache, or Mozilla, or ...)
   implementation of the patented technology at all, because the
   necessary rights cannot be acquired.

1) I don't believe this is a 'send a postcard' license.  If you read
   Mark's patent license, it starts with:

   "Upon request, RedPhone Security will ...

   I interpret this to mean that unless RedPhone responds to your
   requests, you have not received any rights.  Is this incorrect?

There are examples where companies won't respond to requests for these
type of RF patent licenses.  A recent example that came to mind was
related to the BOCU patent by IBM:

http://permalink.gmane.org/gmane.text.unicode.devel/23256

A different problem is if the patent is owned by a small company, and
the company goes away.

Still, I'm not sure even a "send-a-postcard" patent license would be
compatible with free software licenses.  Sending the postcard appear
to be an additional requirement, something that some free software
licenses explicitly forbid.

/Simon

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