RE: Removal of IETF patent disclosures?

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Simon has hit on a valid point that not many seem to have
been considering in this discussion: it is one thing to
evaluate validity of an IPR claim and quite another to 
evaluate validity of an IPR disclosure.

I think the reason for not taking a position relative to the
validity of the IPR is that this can easily become quite a
tangled mess.  To perform some reasonable evaluation of an
IPR disclosure - such as has been suggested in this thread -
can probably be done without conflict with international 
patent office decisions or potential damage to corporate or
personal "property."

Another point to consider is that a very-likely-to-be-valid
reason for removing an IPR disclosure is if an organization's 
legal representative(s) convince the IETF's legal beagles
that an IPR disclosure was made innappropriately - such as
anonymously, or by an explicitly unauthorized person (such
as a disgruntled ex-employee or a competitor).  There must
be a way to handle this situation.

Timeliness of the counter-assertion should be a factor, but
that's one to be decided by counsel.

I believe the IETF has some degree of responsibility to do
at least some reasonable amount of evaluation of an IPR
disclosure - whatever might be the policy regarding the
evaluation of IPR itself.

--
Eric Gray
Principal Engineer
Ericsson  

> -----Original Message-----
> From: ietf-bounces@xxxxxxxx [mailto:ietf-bounces@xxxxxxxx] On 
> Behalf Of Simon Josefsson
> Sent: Thursday, August 14, 2008 9:30 AM
> To: Andrew Sullivan
> Cc: ietf@xxxxxxxx
> Subject: Re: Removal of IETF patent disclosures?
> 
> Andrew Sullivan <ajs@xxxxxxxxxxxxxxxxx> writes:
> 
> > On Thu, Aug 14, 2008 at 09:25:42AM +0200, Simon Josefsson wrote:
> >
> >> request should be well established.  I can think of at 
> least two reasons
> >> that are valid:
> >> 
> >> * Exact duplicates
> >> * Spam
> >
> > As soon as you have evaluated the claim, even for "exact 
> duplication"
> > or "it's spam", haven't you done exactly what the pages claim not to
> > do (take a position on the validity of the claim)?  I know 
> that sounds
> > silly, but it seems to me that any evaluation _at all_ is
> > automatically a contravention of what the pages say the 
> IETF does.  If
> > the pages are just a list of claims, including bogus ones, then the
> > IETF has taken no position at all.  As soon as some of them 
> have been
> > evaluated, we're at the top of a slippery slope, I think.
> 
> That's a safer position, yes, but I suspect it will be completely
> unusable quickly because of spam.
> 
> I can't find anything about permitting anonymous patent disclosures to
> the IETF, so I think it would be possible to require some human
> interaction with the submitter, to verify his identity, before a
> disclosure is posted.  Contacting a company's counsel when feasible
> would also help.  I don't think this would violate the requirement not
> to validate claims -- we are not validating the claims, but just
> validating the person notifying the IETF.
> 
> This sounds somewhat complex though, so maybe it is overkill.
> 
> /Simon
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