RE: Second Last Call: <draft-ietf-sieve-notify-sip-message-08.txt> (Sieve Not ifica tion Mechanism: SIP MESSAGE) to Proposed Standard

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> -----Original Message-----
> From: ietf-bounces@xxxxxxxx [mailto:ietf-bounces@xxxxxxxx] On Behalf Of John C Klensin
> Sent: Thursday, January 26, 2012 6:08 AM
> To: Harald Alvestrand
> Cc: Pete Resnick; adrian@xxxxxxxxxxxx; sieve@xxxxxxxx; ietf@xxxxxxxx
> Subject: Re: Second Last Call: <draft-ietf-sieve-notify-sip-message-
> 08.txt> (Sieve Not ifica tion Mechanism: SIP MESSAGE) to Proposed
> Standard
> 
> I'm also conflicted about the information (or lack thereof) that we
> have available.  My personal sense of justice says that we should
> really understand, for example, whether there is any chance that the
> inventor was not aware of the patent application.  Others have made
> similar suggestions.  On the other hand, it is possible that trying to
> dig out and evaluate that information would turn this situation into
> far more of a judicial-like provision than I'm comfortable with.
> Again, advice from the Trust and Counsel would be very much in order if
> it is feasible (and the reasons would be interesting and useful
> information if it is not).

As much as we try to bring to the attention of participants the contents of BCPs 78 and 79, or The Tao of IETF, they are easy to overlook.  It's not impossible to conceive that someone writes a draft using XML, runs it through xml2rfc, and posts it without ever reading or even noticing the boilerplate that it adds /and/ the documents it references.  That's a lot of reading and, important as it is, people can get lost or even lazy.  The Note Well, similarly, is actually a distillation of quite a lot of material that one needs to understand.

Thus, to my mind, it's entirely possible that this person simply didn't realize that a patent filing, possibly even with his own name on it, was germane to the IETF and its IPR policy.

And in a large corporation, I can similarly envision that the champion of some work into the IETF is not the same person, or even in the same group, as the person making a patent filing on the same or related material, and insufficient co-ordination exists between them.  I understand that part of what you're talking about is emphasizing the need to ensure such policies exist, but I also understand that not every person or organization will have had the experience to know that it's important to establish such up front.

What I take away from this so far is that in the future I'll be far more likely to ask "Are you totally sure this is IPR-claim-free?" when asked to support the advancement of some document (whether that's as a sponsoring AD someday, or a working group co-chair, or co-author, or editor, or even as another participant).  It seems clear to me the BCPs and the draft boilerplate will, alas, not always be sufficient.

-MSK
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