2.2.1 Intellectual Property Rights (ipr)

NOTE: This charter is a snapshot of the 56th IETF Meeting in San Francisco, California USA. It may now be out-of-date.

Last Modified: 2003-02-14

Chair(s):
Steven Bellovin <smb@research.att.com>
Rob Austein <sra@hactrn.net>
General Area Director(s):
Harald Alvestrand <harald@alvestrand.no>
General Area Advisor:
Harald Alvestrand <harald@alvestrand.no>
Mailing Lists:
General Discussion: ipr-wg@ietf.org
To Subscribe: ipr-wg-request@ietf.org
Archive: www.ietf.org/mail-archive/working-groups/ipr-wg/current/maillist.html
Description of Working Group:
The IETF and the Internet have greatly benefited from the free exchange of ideas and technology. For many years the IETF normal behavior was to standardize only unencumbered technology.

While the "Tao" of the IETF is still strongly oriented toward unencumbered technology, we can and do make use of technology that has various encumbrances. One of the goals of RFC2026 "The Internet Standards Process -- Revision 3" was to make it easier for the IETF to make use of encumbered technology when it made sense to do so.

The IETF IPR policy, as embedded in RFC 2026 section 10, has proven fairly successful. At the same time, a perceived lack of textual clarity on some issues have made necessary the publication of clarifications such as the "note well" statement issued in every registration package, the I-D boilerplate rules, and a huge number of discussions on specific IPR-related issues.

This working group is chartered with updating and clarifying section 10 of BCP 9, RFC 2026, which deals with intellectual property rights, including, but not necessarily limited to, patent rights and copyrights.

This working group will provide three documents:

o A BCP document, updating RFC 2026, which states the IETF IPR policy on rights relevant to the document publication process, such as copyright issues and trademark issues.

o A BCP document, updating RFC 2026, which states the IETF IPR policy on rights relevant to the use of IETF-standardized technology, such as patent-related claims

o An Informational document, which describes useful rules of thumb for working group chairs and working group members when working on IPR issues, as well as describing specific cases of IPR issues that have been successfully worked out in the IETF process, and providing references to specific examples of licensing statements and copyright provisions that have proved useful or worrisome. In other words, we plan to document the running code of our process.

The working group will attempt to work in three phases:

1. Document existing IPR practice in the IETF

2. Identify issues with current IPR practice that need to be addressed

3. Modify the documents produced in step 1 to reflect the outcome of the discussion of items identified in step 2.

If there consensus of the working group for a different IPR policy than the one described in RFC 2026, the working group will seek to amend its charter to make it clear that it is changing the status quo.

The working group will have a design team to assist with document drafting and review. As always, design team drafts have no special status, and are subject to amendment, ratification, and/or replacement by the working group.

Goals and Milestones:
JUL 02  1st draft of updated IPR BCP document on documents - documenting existing practice
JUL 02  1st draft of updated IPR BCP document on technology - documenting existing practice
JUL 02  1st draft of IPR guidance document
AUG 02  2nd draft of updated IPR BCP document on documents
AUG 02  List of issues that need to be discussed while revising the documents
AUG 02  2nd draft of updated IPR BCP document on technology
SEP 02  2nd draft of IPR guidance document
SEP 02  IPR BCP document on documents sent to IETF Last Call
DEC 02  IPR BCP document on technology sent to IETF Last Call
JAN 03  IPR guidance document submitted to IESG for publication
JAN 03  Conclude WG.
Internet-Drafts:
  • - draft-ietf-ipr-wg-guidelines-02.txt
  • - draft-ietf-ipr-technology-rights-02.txt
  • - draft-ietf-ipr-submission-rights-02.txt
  • No Request For Comments

    Current Meeting Report

    IPR
    ------
    Steve Bellovin
    	go over status of 3 docs
    	a possible template for disclosure forms
    	open mike to discuss rechartering
    	at end of which, hum to see sense of room.
    
    Scott Bradner on updated documents.
    	not significantly different (at least in text) as previous ID's.
    	reflect comments received after IDs, so what's on screen
    	wdiff
    
    	submission rights/copyright document
    
    	added text to clarify that these docs replace sec 10 of 2026
    
    	"go consult your own lawyer" made less chatty, more professional
    
    	"internet standards process" changed to "ietf standards process" 
    (consistency).  2026 says "internet", but "IETF" more clear
    
    	"each named co-contributor" - everyone, not just stuckee
    
    	added to boilerplate: not only copyright stuff, but patent stuff 
    adhered to when submitting.  that's the most substantive change.
    
    Q: does this mean that you have to disclose before submitting ID?
    
    A: See the other doc.  says "as soon as practical afterwords.  used to be 
    deadlock.
    
    internet-drafts or internet drafts: style
    
    tons of nits fixed.
    
    Q (Valerie See): "reasonably known" to "personably and reasonably known" 
    reworded for clarity, consistency, and into lawyerspeak keywords
    
    reasonably & personably known: if scott's is informational, then 
    standards doc for
    
    q: valerie - like to see this guidance.  clarifications for people ot 
    understand.  hate to lose from stds track doc
    
    q: harald: fine thing to have this defn, including example, in patents.
    odd for copyrights doc, though.
    [NOTE so can fix]
    
    wrapping error, id.
    
    that's it.  modulo putting description back in for reasonably & 
    personally nown.
    
    very strong sense of room (hum) that agreed doc is ready to go.
    
    - ----
    
    IPR document.
    
    more changes.  things reworded for clarity.  however, not much new.  
    changes from comments on mailing list.
    
    "legal advice" text turned more professional.
    
    any ref to int prop rights of 3rd parties, and responsibilities of 
    submitters relative to 3rd party rights was removed. if I submit 
    something, and has cisco ipr, and I don't know, I can't make any claims 
    about it.  even if I do know it's cisco IPR.
    
    
    "IP in IETF techology"
    
    wording on requirements is biggest open problem.
    what do we have to do to show that multiple impl exercising licenses as 
    long as impl thought licensing req'd.  (regardless of licensor)
    
    2026 is ambiguous.  2 places.  1 - iesg will just look at multiple impl. 
    if exist, then license must be ok.  2 - impl must have asserted that they 
    have done whatever licensing feel is ncessary.  never been tested.
    
    only one with IPR claims to draft standard.  that was contested.  impl. 
    thought didn't need to do license; ipr claimant felt did need to do 
    license, and sent in formal objection.
    
    q: do the people that claim they are doing licenses have to publish them?  
    2026 just said had to affirm.
    
    2 parties collude, conspire to license under favorable terms but will not 
    give to others.
    
    specifically thought about in 2026: balancing of risks.  didn't want to get 
    IETF into defining word fair or nondescriminatory.  so mechanism chosen is 
    multiple implementations.  if so, someone must have impl & decided ok.  but 
    specificially doesn't deal with cross-licensing agreements; or co b is 
    subsid of co a.
    at time, gain from not having to be involved in judging fair to 
    finesse. good q if
    
    q colin james: still difficult to finesse.  even with lots of work, 
    doesn't stop lawsuits later
    
    q david black: possible to approach by id most egregious cases and say 
    "don't count".  e.g.: company & subsid doesn't count.  john klensin 
    suggested.  think reasonable, but want some text.
    subsid, cross licencing the worst.
    
    q ted ts'o, ibm: as much as IETF doesn't want to define fair, I assume 
    would less like validity.  so having a claim form a basis for 
    objection, then way to easy to manip std or running code to show that's the 
    case [dos attack]
    
    q huitema: ... if egrigous cases, will show up in last call.  so will be 
    discussion that we can flag.  if informed in public discussion then 
    reasonable action taken.
    
    assumptions that fair can be challenged in last call from 2026.  so 
    relying on community to show if sham.
    
    emphasis that if impl doens't think ipr and ipr claimant does, then 
    between impl & ipr holder not IESG.
    
    when IP statement appears in RFC, 50% of time rfc-editor stuck it in.
    
    this says RFC editor always sticks it in.  don't bloat 
    internet-drafts with verbage that is unnnecessary boilerplate
    
    always look in IPR directory, so rfc-editor doesn't have to have any 
    knowledge.
    
    one other thing: didn't limit to stds-track docs per-se.
    must go into all stds track documents.
    if heard of claim, then rfc can stick into experimental or 
    informational doc.
    
    not unusual for experimental to move to stds track.  so don't limit 
    disclosure to stds track.  misleading for those doing 
    experiements, acceptance in marketplace.
    
    question of how to make disclosure. 
    iesg-secretary@ietf.org - historical.
    this says, go look on line to see how to do it now.
    could be email, form, form+email, ...
    
    added one add'l defin...
    comments obviously intended to not be contributions are not 
    contributions.
    was in other docs, incl. note well.
    
    q: when say verbal, use oral.
    [AGREE]
    
    definition of contributors (since used in doc)
    
    will put explanation back in as harald pointed out.
    
    new defn for COVERs.
    
    q joe zbarth?: on contributors.  thought was trying to reduce names on 
    front of docuement.  do they appear elsewehre?  how relate to previous 
    policy.
    
    add'l names is a new thing, from other stds document, indicating add'l 
    support.
    
    not clear that name implied authorship/contribution.  is 
    requirement, in other docuement, that all major ocntributors must be 
    known.  this talks about named contributors....doesn't 
    differentiate from front page, and acknowledgement section or 
    contributors section.  (overflow names in contributors section these days)
    
    christian : authors have to sign off before rfc publish.  others do not.  so 
    there is a difference.  don't know importance.
    
    yes, but as part of difference, large # of authors.  pushed back.  wg & 
    authors told to reduce to X.
    
    Q, followup: common case for ack section, this work inspired by 
    so-and-so, read book & paper. that's a very loose notion of 
    contributed.
    
    welcome wording.
    
    q black: new defn of "covers" looks like it applies to "essential" claims vs 
    "relevant" claims.  is that your intention?
    
    george the lawyer: yes.  we can clarify; the word covers a bit.  when we say 
    that something ; claim of patent would be infringed by this thing.
    that's essential: something that must be licensed.  broader is harder.
    
    q bob win?: concerned about 'making' word.  two senses.  1 creative act, 2. 
    act of submitting.  if everything that's expressed within forums covered 
    here... what if co-authors are not parties to submission.  is making 
    submitting or is making authoring.  if making is submitting, thne use that 
    word.
    
    [scott brim note that]: changing
    
    q: concerned about proposal relevant to essential.  from mailing list 
    discussion & others... notion of essential, absolutely mandatory... is so 
    loose.  trying to judge essential from trying to work around... almost 
    everything isn't that essential.  can find way around.  don't have to 
    disclose if you can find a way around.  goal should be disclosure of 
    knowledge.  this restricts what someone might
    
    aaron falk, rfc editor: process clarification.  rfc editor  adding ipr stmt 
    to non-std rfcs'..;. intent to include individual sumissions?
    
    if claim in directory, then yes.  notificatoin will come form IESG.
    
    brian carpenter: i think the relevant language leads us into territory 
    where eveyrthing becomes ambuiguous again.  essential claims & 
    crankshafts: is well understood process to see if something reads on a 
    patent or not - well understood in legal community.  i have no idea what 
    relevant means in this context.  no idea if patents of which I am aware 
    should be disclosed under relevance clause.  don't thik this computes
    
    robert bart?: really addressing 6.6, covered used in awkward way.  
    Whether someone is going to claim later that license is req'd.... that's the 
    issue. 
    work backwards from that & define in those terms.  when get to 6.6 and 
    use... relevant and essential are not issue.  what's req'd is should say 
    something early not late.
    in rambus could hide becuase at the time statement should have been made, 
    claims didnot read on std as defined.
    if later on will tell people need license, disclose early.
    
    harald: i am not able to parse that sentence (cover vs covered)  think word 
    missing.  other thing: we intend require disclosure on anything that 
    covers any part of essential.
    
    sob says scott brim brought up whether disclosure needed for MAY 
    functions, feel they do.
    
    q (grey thin): regarding relevant comment: enhancement vs necessary?  is 
    there a requirement that need to think of every way of 
    implementing, which makes disclosure difficult.  [[other side of same 
    argument]]
    
    yep.  this piece needs more work.
    
    3rd party submissions vs. secretary? think so, but not issue.
    
    q: to follow up on discussion from earlier... 3 or 4 places where 
    reference IPR disclosure.  intent to focus on patent and application 
    claims, or broad as in IPR definition?
    
    [[i was confused by response, but seemed to be patent & 
    applications, not broader]]
    
    use indirect pointer or hard-code names here.
    
    q robert?: 6.2.2  if include "oral disclosure" then submit IPR 
    statement... 
    not sure that's what we want.  suggest maybe "no later than" concept.
    
    intent that before incorporate suggestion from mike, wg knows if there is 
    any IPR on it.
    
    q valerie: notion of call for IPR in last call?
    
    been removed, later.
    
    ted ts'o: how disclosure must be made... if active wg, then in addition to 
    get to secretariate (or wherever) WG mailing list should be cc'd.
    
    is suggestion to do so.  someone wanted it removed, haven't done so.
    
    q: when patent app is denied to inform IETF.
    
    "final rejection or abandoned" in text.
    
    q: worried about timing assumption.  prior to pub of std/spec, that info 
    should be provided to IETF.  if denied, then patent holder isn't going to 
    challenge, can we limit denial period to prior publication.
    
    don't think so.  reason to include at all: so wg that decided to ignore 
    encumbered technology can revisit.
    
    doc being published as RFCs are not end game.  they get revised.
    
    q, followup: i agree with rationale. is valid. request is 
    reasonable.
    but implementation of it may be difficult down road.
    
    agree, particularly if startup made claim.
    not sure how to address, send suggestion to list.
    
    joe zibarth: if read words, looks like negative disclosure.
    new disclosure when patent dentied.  is it new disc, or withdrawl?
    
    talking about withdrawl.  if have wording, send in.
    
    joe, followup: has words about encouraging disclosure.
    
    that's for 3rd parties.  can't be required, might know under NDA.
    
    q robert bart: final rejection shouldn't be in there at all.  is routine 
    step in US.  [used to be patent atty]
    
    
    is not ok to say "license everything with RAND" is ok to say will free 
    license averything.
    
    approval: license as RFClk
    
    q: on 6.5, openly "RAND": is there something specified by "openly"?
    
    intent was to take all out.
    
    6.6...
    
    robert: right now, as on paper, didn't work at all because cover defined in 
    terms of claims.
    "and a license under any claims a patent or patent app would cover" 
    parsing problem, incorporation by reference.
    what want to say there: disclosure is reqd when the person making the 
    disclosure believes that a license may be reqd to practice standard.
    
    resend text to list?
    
    have to consider subjective intent.  hate to do that, but rambus 
    requires it.
    
    
    q valerie: why did the call come out?
    
    that's a change in process.  these docs are to clarify existing 
    process.
    not a violation of existing, but definitely not part of existing.
    
    ...
    8-ish:
    need to have RAND or use in stds documeent [sorry, I don't 
    understand]
    but no objections from floor.
    
    
    I'll ask for a this mostly ready modulo advancement stuff, are there new 
    topics need to cover?
    
    steve: really want to get this document concluded.  can't keep bringing up 
    stuff, can wordsmith forever.  have a feeling that's what we're doing. 
    would like one more change.  when get steady state, stop and don't reopen at 
    next opportunity.
    
    will be new doc next week. but that means that new text to Scott B this 
    week!
    
    - -=-=-
    IPR Guidelines for WG, scott brim.
    
    draft-ietf-ipr-wg-guidelines-02.txst
    
    since so many changes, almost a large rewrite: no diff on screen.
    shouldn't take long, not many issues.
    
    this is derivative.  this depends on Bradner drafts.
    
    lots of clarifications, additions.
    but very few new ideas added to draft.
    
    1. for first time put in explicitly an ordered list of licensing term 
    preferences.
    
    2. new section on guidance on 3rd party disclosures.
    
    lots of editorial stuff.  this has been a success in mailing list use.
    
    one thing got dropped -- case studies from long ago not just recent.
    not sure how useful.
    
    as always, have to align with sob drafts.
    
    sob: there is an RFC, variants for original IPR case that caused 2026 
    revisions ppp negotiations for compression.  is an RFC, will send 
    pointer.
    
    not sure if new issues... if there are, go to mike:
    
    joe z: in section 4.5, ssh.  this is primarily a trademark issue, then 
    still working through, then lessions.  but lessions are IPR not 
    trademark.
    
    am I wrong in thinking trademark is IPR issue?
    
    joe: use of trademark is usually permission with obligations.
    not concluded so how get lession.  is person with name on doc the person 
    going to get sued for using trademark?
    
    **take it to mail.
    
    - -=-=--=-
    
    valerie see:
    on list suggested that might make things simpler for people use a 
    disclosure template or a piece of boilerplate
    
    a little discussion about if required or not: I think not.  even if 
    optional, it might help guide... make it simpler for disclosers to 
    provide what's neeeded and for receivers to understand.
    
    think it would be very helpful to provide as an option.
    if don't like it, don't have to use.  can use email.
    but in interests of simplicity, and disclosure of right info, would like to 
    see us do that.
    
    other comments?
    
    bob wyman: one thing that concerns me is 3rd party disclosure.
    innocent that tries to warn people about problem.
    I was recently flamed for warning WG about a patent issued a few weeks ago.
    Can find some way for person to innocently come forward without hiring a set 
    of atty's.  has to be made simpler for 3rd parties.  can understand 
    complexity for those claiming rights.
    
    sob: bob sent email, got flamed awful... well outside bounds of 
    polietness, didn't understand what's going on.  part of what we need to do is 
    clarify situation, so people on receiving end don't believe there is 
    somethng wrong with sending that info.  am embarrassed bhy ietf for what he 
    got.
    
    i got up to say that optional form is a good idea.  but, NOT for 3rd party 
    claimants.  emphasize optional.
    
    smb: speaking personally, two templates, one for submtters one for 3rd 
    party.
    my patent atty was confused when I wanted to do 3rd party disclosure for 
    stuff I had.
    
    black: context: for 3rd party disclosure, actually filing is not first 
    step.  1. taking up to wg chairs first would be good to sort wheat from 
    chaff
    
    robert: want to know opposition to form and why not make it 
    mandatory?
    ITU has such a thing (as does xxx).
    we could get a better web site where people can look up info to see what 
    people have disclosed.  IEEE has readable matrix.  free-form text and lack of 
    indexing of IETF is hard to wade through.  would rather have mandatory form 
    w/free form comments
    
    sob: 1. I have put suggestions in for reformatting IPR page.
    when secretary gets resources will do so.   here is crapola.
    
    a form for submitters can be made more mandatory than form for 
    claimants.
    
    want relatively low impact for disclosure by claimants.  not wed either 
    way... but difference from submitter than one that is claiming.
    
    [topic now]
    
    black:
    concerned about mandatory: guidelines, what we want to see to mandated 
    certain language... lots of opportunity for lawyers.
    
    chuck adams (many of q's avove): IEEE has form, but optional.  ITU has form 
    as well.  if don't complete form, don't recognize disclosure.
    
    valerie: we're eng.  doesn't make sense  to do something mandatory 
    without road-test.  will probably revise as we go.  want to make it 
    easier.
    
    joe z: was comfortable until said road-testing.  thought optional was 
    optional, say 'road-test' think mandatory.
    
    - --=-=
    
    at any other business w/in current charter part.
    
    no one stands up.
    
    - -=-=-=-
    steve:
    
    OK, at free-for-all.  once completed (we're within shouting 
    distance), discuss if consensus to recharter to CHANGE the IETF IPR 
    policy which broadly speaking has been RAND.  "RAND permitted" - sob.
    
    
    scott brim: that's one way of phrasing it.  6.7 out, because not 
    current... not changing... there are a lot of increments we should do.
    
    bob wyman: before one can determine if change, determine need for 
    change. 
    recharter for requirements statement.
    forum for talking about problems... lots here.
    
    sob: answering other scott.  opening constitutional convention to tweak for 
    things for IPR last call... opening a swamp.  before really need to do, 
    refrain from doing so.  don't think our running code has shown a 
    problem.  I fail to see impetus for dramatic changes.
    small tweaks -- wait a while before doing.
    
    brian carpenter: agree with scott the 2nd said.  I haven't seen 
    evidence of problems... only problems with implementing existing policy.
    correct thing to do
     - get docs in place
     - run code
    and see if got rid of lack of clarity.  We should close or go on hiatus 
    until we see there is a problem.
    
    smb: if re-charter 1st step would be writing a good charter.
    not only fear consitutional convention & swamp.
    challenge is writing charter so not open season on everything.
    
    joe z: don't understand existing problems.  support completion of docs, and 
    understand with ongoing basis if there is a problem before charter.
    
    q: 6 months ago... thought needed recharter.  slowly come to the opinion 
    that clarifying things a great deal.  good enough for org to function.  no 
    longer convinced rechartering is necessary.  go on hiatus, see how things 
    go, and reconvene if get into problems.
    
    smb: hiatus, disband, would be up to harald as ad.
    
    anything else: from volume on mailing list suprised.
    most vocal ones not here.
    
    per 2418, any consensus here has to be verified on mailing list.
    
    sob: 2418: that also says one takes into account feeling in room when 
    interpreting consensus on mailing list.  strong support in room for not 
    rechartering, relatively strong but isolated support on mailing list, 
    shouldn't take priority.
    problems
    
    kerithi kompella: been not following mailing list.  do think there are 
    problem,
    not sure IETF that should solve them.  should at least be a 
    discussion.
    would like to consider rechartering.
    
    room: state a problem
    
    the problem is: (how put it so someone far away doesn't strangle me)
    have stds, proposed stds wehere people have IPR.  can we move to a system 
    where we have a patent pool idea, or something else...
    clearer to implement than trying to understand RAND.
    should we go in that direction.  is a problem for vendors.
    think there is a problem.  patent pool like others do, sholdn't dismiss out 
    of hand.
    
    otoh, should finish what we've done first.
    
    sob: patent pool has come up a number of times.  on email, private 
    discussion.  not an irrational thing to think about, but relative to IETF?  
    no particular reason for companies coming together to form pool w/o ietf 
    involvment.  hard to see how ietf would operate such a thing 
    (mechanically, process wise).  even if good idea, not sure affects IETF.
    
    joe z: is a wg that is addressing problem issues right now.  what I 
    though I heard was a proposal how to handle IPR.  if really a problem, 
    address it in problem working group, not in IPR.  don't agree that patent 
    pool has aything to do conceptually with our documents.  realy a way to gen 
    revenue for IPR in a document.
    
    smb: not certain relevant to this group.  clear that patent pool, and 
    other ideas on mailing list (binding contract on submitting) would 
    require major change to structure to IETF (formal membership, etc), that 
    would be a problem-statement thing if identified as area.
    
    this group is not going to change IETF into patent-sharing membership org.
    
    kreeti, followup: to have a few people go off and have patent pool among 
    themselves, doesn't map into IETF.  where IETF might get involved:  if you 
    want to submit a stds track document (or whatever) you have to license on 
    REASNOABLE and ZERO terms instead of RAND.
    
    harald, no hats: the doc as currently clarified permit a wg to write a std 
    where all the IPR is known is royalty free and documented in ways that 
    people can find.  if community, the Internet community (Inot just IETF): if 
    of mind that is what is needed... rules permit this (doesn't reqiure).  if 
    comty wants, community can do.
    
    sob; patent pool is fine for people inside pool.  those standing outside 
    have a problem.  w/o something lkike formal membership...
    then we've got a problem.  the little guys are scrod. [boston past 
    pluperfect]
    
    brian carpenter: whether or not pool is a fine idea is a good 
    discusison... but it's what industry associations do.   but that's not us, 
    not even close.  not even out of scope for WG, but for IETF.
    
    alan low: what the problems are... looking at mailing group list, see two 
    problems.
    
    1. third party claimants that come in after the fact (and don't 
    participate).
        not sure an answer here
    
    2. people who participate and contribute to standard.  there have some 
    measure of control.  that's the whole point of clarifications.  but 
    problem: RAND doesn't have a meaning in legal, techincal, or any sense.  
    it's a way for the companies that will be IPR claiments later to get past 
    issue and have std move on without having to give up anything.  in 
    practice, a vendor company has no meaning.  it is the IPR claimant that can 
    demand a certain amount of money... usually % of revenue.  not sure 
    anyone here would thingk 1, 2, 5% reasonable as royalty to impl std.  
    don't want to loose site of fact that what reasonable is... and what we 
    think of, in practice has completely different or no meaning.  what 
    happens is that must pay IPR claimant wants, usu % of revenue.  
    possible solution: when IPR claimants make disclosures be more 
    specific.  RAND is too vague, ambigous.  if more concrete, then WG can 
    really take into account.
    
    sob: I don't disagree with what prev speaker said... but I do.  there's 
    something very different between: tech, adopt it, and tell us what charge 
    for it.  I have a real problem with 2nd party... you submit ID with IPR in 
    it, that forces my hand.  I have to tell you how give up those rights.  
    that's extortion.  people whose ipr has been entered, even if they didn't 
    enter it... is extortion and we shouln't be invoved.
    
    george the lawyer: point of clarification... RAND is not new, and in 
    lawyers view is standard and known.  Courts and people that look at 
    decisoins do know how mean.  in US, damages of patent claim usu % of 
    problems.  in any particular case, is in eye of beholder... but are 
    measures and tests that are used to figure it out.
    
    gone to most well understood.  other than zero.
    
    q from chair: what kind of lawyer are you?
    
    I am THE lawyer.  (laughs).  I advise the IETF on legal issues, try to 
    present IETF perspecitve.
    
    spencer dawkins: tell us what plan would be for licensing... not sure what 
    that means with financial retrenchment and mergers & 
    aquisitions... not sure can take much comfort in a statement at one point in 
    process.  can't count on it for much.
    
    black: have been instances where IETF has pressed for and gotten 
    disclosure of specific licensing terms for specific patents... but case by 
    case based on patent procedure & importance.  best left that way rather 
    than all disclose up front.
    
    q (allan low):  rand is old term.  xxx participated in panel before FTC as to 
    what RAND is.  the consensus among panel was that it had no meaning.  one 
    speaker: dick holloman, pointed out that companies would get what they can 
    get, and tha'ts reasonable.
    
    every license will be unique.
    
    if people are fine with RAND, that's the IETF's perrogative. but don't want 
    people to leave with believeing that there is any certainty about what RAND 
    means.   When talking about % of royalties, it's 10s and 100m $... if that 
    ambiguity is OK, that's fine, but don't delude ourselves.
    
    also don't believe can't consider different things based on 
    strucutre.
    
    everyone has MPLS, ... patents.  if have 20 companies, at 1% each, 
    talking 50% of revenue.  not profit, revenue.  multiple patents, 
    multiple claimants, so is a big problem.
    
    sob: all of that is true, don't believe relevant.  nothing we can do.  
    claim that comes in after the fact, or comes in after process.  this is the 
    real world.  the whole point of IETF process it to let them think about 
    problem.  doing something like forcing royalty free doesn't deal with most of 
    claims.  if forced royalty free, expect orgs won't participate just so they 
    can claim IPR at later date.
    
    trying to find the doc, variance, to get PPP compression done.
    done because old process req'd licensing terms to be provided.
    motorola (3rd partie) claimed IPR in IETF document.
      refused to provide terms.
      this caused a deadlock in process.
       (claims can also be fallacious)
    
    don't want to hand dos opps to people that might use them.
    
    black: from personal knowledge, RAND not as ill defined as previous 
    speaker wants to belive.
    claimant happy to license, but would not agree to RAND.
    
    q: 3-4 mos ago before atlanta... pub thing about philosophy.
    we're here because want to work with people.
    people that aren't here
      - individually, want free
      -
    
    if we insist to make things royalty free, people here will be 
    restricted.
    penalty: diliberations slower, and may have to redress things.
    give us wiggle room.  big advantage, let's not get rid of it 
    completely.
    
    "is this particular horse on life support yet".
    
    - -=-=-
    
    OK.
    
    1. do you wish this group to recharter to cdhange the IETF's IPR policy
        hum for (some)
        hom anti (more)
       fairly clear consensus against rechartering.  anyone disagree?
    
    harald: will verified on mailing list, will lead to some debate.  if 
    consensus is reached against rechartering... the IETF will not consider 
    proposals to create or reactivate IPR wg before people with 
    compelling arg to do so.  those should be different than what 
    prevented so far.
    
    1. specific cases where we had a problem.
    
    likely result, before vienna, have an opportunity to thank chairs and 
    community and declare wg closed.
    

    Slides

    None received.