Re: Reminder: Offer of time on the IPR WG agenda for rechartering

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On Mon, 5 Nov 2007 08:44:33 -0800
"Lawrence Rosen" <lrosen@xxxxxxxxxxxx> wrote:

> Harald Alvestrand wrote:
> > The outcomes I see possible of such a discussion are:
> <snip>
> 
> I can't be in Vancouver for this meeting. Probably few of the others
> who have been vocal on these issues on these email lists can be in
> Vancouver either. 
> 
> I hope no decisions will be arrived at in what will probably be an
> unrepresentative arena. In-person meetings are an ineffective and
> expensive way to decide things in the Internet age. In any event,
> these email lists have elicited more comments than any meeting in
> Vancouver could properly address. How do we intend to move toward
> consensus?

Per 2418, of course the mailing list decision is the one that counts.
OTOH -- and as is well-understood -- it's often much harder to assess
consensus over the net than in person.  (It's also harder to reach
consensus, in many cases, since email tends to be a polarizing medium,
prone to flames and other forms of intemperate behavior.)

If you have any suggestions for how to deal with these problems -- and
they are problems -- I think the IETF would be very interested in
hearing them.  (And because I realize that this statement can be
misinterpreted, given the lack of tone of voice and body language on a
mailing list, let me stress that I'm being 100% serious, complimentary,
etc.)
> 
> The alternative to a re-charter is for this complaint to be brought
> up again and again, every time someone has the audacity to recommend
> an IETF specification that is encumbered so to prevent FOSS
> implementations. Is that preferable?
> 
I'm no longer an AD; if I were, my attitude would be simple:  the IETF
has decided, as a group, that patented technology is acceptable.
There's no point to reopening the question every individual document.
Were this a legal matter, I'd cry "stare decisis".  I'm not saying you
shouldn't keep pushing, but if the IESG were to ignore a consensus to
follow the current policy it would be challenged and rightly so.  (The
substantive issue on the document currently being discussed is not the
fact of the patent -- under current policy, that's acceptable -- but
rather the timing of the disclosure.)

The question to discuss now is whether enough has changed since the last
consensus call on this topic, in March-April 2003, that it pays to
reopen the rechartering question.  I personally don't think so, but I'm
willing to be persuaded otherwise.

		--Steve Bellovin, http://www.cs.columbia.edu/~smb

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