Re: Some more background on the RFID experiment in Hiroshima

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Dean, all these excellent issues have to be dealt with if/when use of
RFIDs becomes a normal part of IETF logistics.  It's not.

Excerpts from Dean Willis on Sun, Sep 13, 2009 09:33:56PM -0500:
> Seriously, it does have major implications for intellectual property
> lawsuits.
> 
> Let's say JoeBob attends a meeting of the FRILL working group, then
> goes home to patent a nifty new innovation in FRILL, which is then
> bought for $1 by a patent troll when JoeBob's company goes broke
> because his board of directors blew their investment capital on
> stocking their break room with headcheese. Said patent troll then
> sues some defendant, whose legal team later notices that said FRILL-
> enhancement had been discussed at IETF 211 while JoeBob, the
> inventor, was in the room, thereby invalidating the patent (and
> making JoeBob look like a doofus).
> 
> Okay, so that's not an example with too many negatives, unless
> JoeBob decides to sue us for making him look like a doofus.
> 
> Now let's presume that some people remember (and that some other
> people don't remember) JoeBob being in the room during the
> discussion, but IETF"s RFID tracker log shows that JoeBob was
> hanging out with me in the bar. Does IETF's failure to maintain the
> record that invalidates the patent make us liable to the defendant?
> 
> Or worse yet, IETF can't produce the RFID logs in response to a
> court order, because somebody goofed and deleted them. Was this a
> conspiracy to protect the patent troll? Who got bribed to make it
> happen? How many hundreds of thousands of euros we would like to
> spend on the paperwork related to the various discovery motions we
> might have to endure?
> 
> In other words, any retained information increases liability, both
> for the accuracy of the retained information and for the
> preservation of the retained information. That's why we must both
> have a policy about how that information is obtained and preserved,
> and we must live up to that policy, whatever it says.
> 
> Of course, the easiest policy is to retain no information. But even
> that has its consequences. For example, is deliberate ignorance
> consistent with industry best-practices? How does this interact with
> the Sarbanes-Oxley requirements of our sponsors? And why would a
> startup company stock its break room with headcheese anyhow?
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