Re: When is using patented technology appropriate?

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>>>>> "Simon" == Simon Josefsson <simon@xxxxxxxxxxxxx> writes:

    Simon> Sam Hartman <hartmans-ietf@xxxxxxx> writes:
    >>>>>>> "Simon" == Simon Josefsson <simon@xxxxxxxxxxxxx> writes:
    >>
    Simon> "Frank Ellermann" <nobody@xxxxxxxxxxxxxxxxx> writes:
    >> >> Simon Josefsson wrote: >>> I would even consider a
    >> requirement that in order to move >>> beyond Proposed Standard,
    >> a protocol needs to have a free >>> implementation available.
    >> >> Tricky, e.g. my BOCU-1 implementation is "free" in a certain
    >> >> sense, but I'm also sure that I don't have a license.
    >> 
    Simon> Do you refer to the IBM patent on BOCU?  As far as I have
    Simon> understood, IBM promised to grant a free patent license to
    Simon> people who requested it, but people never received a
    Simon> license despite requesting one.  If this is accurate, I
    Simon> think it is a good example of a technology that should not
    Simon> be standardized and should not be promoted by the
    Simon> community.
    >>  It seems very unlikely to me that IBM would choose to assert
    >> such a patent against an implementation after having promised
    >> to give a free license.

    Simon> If you replace IBM with 'A Patent Troll', do you think the
    Simon> same holds?  

I think that such behavior should be presumed not to be a patent
troll.  Patent trolls are not known forpromising to give away
royalty-free licenses.

    Simon> I think not.  If the IETF is going to have a
    Simon> policy on this, I believe it is important for the policy to
    Simon> treat everyone the same.

The IETf should treat everyone the same.  However when we decide
whether we are willing to implement using a patented technology, we as
implementers consider a lot of factors.  I think that the history of
the patent and probably even the company needs to be considered there.


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