On Tue, 12 Aug 2008, Lawrence Rosen wrote: > Scott Brim asked: > > How can a description of how to use a technology infringe on a patent? > > It can't. :-) This isn't an entirely accurate and I'm always worried about inaccurate assertions from a lawyer. I think that one must be completely forthright about the possibilities. While I agree with Atty Rosen's position and I hope it will prevail, I have run into lawyers who assert that source code distribution does infringe a patent. There is no case law that I know of to back that up on patents and source code, but recent copyright cases have taken a very broad view of what constitutes copyright infringement, and this might signal a broader view on what constitutes patent infringement. The IETF must consider indirect infringement, where one merely encourages others to infringe, and contributory infringement, where the only use of a non-infringing device or method is to infringe a patent. I think the correct answer here is "An IETF could possibly infringe on a patent". > But neither does IETF have any responsibility to parse and evaluate any of > the frivolous claims made in IPR disclosures. Responding to loose IPR claims > in public here only gives them undeserved credence. People and companies > will file what IPR disclosures they will; other people will evaluate their > importance when it becomes important to do so. I don't know what a "loose IPR claim" is. However, it seems incumbent on the WG chairs and the IESG to evaluate the IPR claims made IPR disclosures to the same extent as anyone else. The WG Chairs and the IESG have a duty of due diligence to ensure that IETF documents don't indirectly infringe on patents nor engage in contributory infringement. --Dean -- Av8 Internet Prepared to pay a premium for better service? www.av8.net faster, more reliable, better service 617 344 9000 _______________________________________________ Ietf@xxxxxxxx https://www.ietf.org/mailman/listinfo/ietf