Re: encouraging compliance with IPR disclosure rules

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On 1/27/2012 9:41 AM, Scott Brim wrote:
> On Thu, Jan 26, 2012 at 14:01, SM <sm@xxxxxxxxxxxx> wrote:
>>  "To support the efficient development of IETF standards and
>>   avoid unnecessary delays, chairs and ADs should look for
>>   opportunities to promote awareness and compliance with the
>>   IETF's IPR policies."
>>
>> WG Chairs interact with IETF participants more often than ADs.  It is not
>> clear whether it is their responsibility to promote awareness and
>> compliance.
> 
> Don't look for some kind of procedural responsibility.  WG Chairs
> _want_ to ensure awareness and compliance as early as possible,
> because if they don't do so they suffer: they suffer embarrassment and
> sometimes failure of all their efforts when IPR is discovered late in
> the process.  There's no need to assign responsibility to chairs or
> IESG members, we already have plenty of feedback for them.
> 
>> Some points in the draft, such as the two-step approach to confirm
>> compliance may help to catch issues before they become a concern.
> 
> Yup.  Ask early and often, directly and individually.  That clearly
> makes the askees responsible, which will matter later.
> 
> Scott

Assuming all the i's are dotted and the t's crossed Scott something
which functionally seems rarely to happen. How do you deal with the
issues of being liable under the 9th Circuit Model for "Willful
Infringement" - the IETF doesnt build ANYTHING that can exist without
its implemented process - and since in many instances these violate
patent protections in place how is it that the IETF gets to set the law
aside...

I am betting it doesnt. Nor do the sponsors of those hammered here under
that. For that reason I think we need both controls that allow
unpublishing of documents and recall of Licensing Rights in a matter
where we find something wrong or outside the process happened.

Unless it is of course the plan and practice of the IETF to destroy the
US Government's copyright protections... as well as its patent process.
So I ask, is that the intent here?

Todd
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Todd S. Glassey
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