Darren,

I think you have mis-read the IPR disclosure. The section numbers in roman 
numbers refer to the IPR claim and not the I-D sections.

I would also like to voice that I am very happy that David is co-charing this 
group. The current discussion has shown how professional and ethical his 
leadership of the WG is. There is nothing that would justify to step back from 
this position.

I also think that you are exaggerating the situation. While I do not like the 
move by Huawei (and have voiced that), I also think there is nothing evil per 
sé in this move. IMHO Huawei is simply using an abusive patent system. This is 
a difference to someone abusing a non-abusive system. The primary thing to do 
is fight the abusive system itself - as we in Europe try to avoid an US-like 
patent system over here. As far as I know, even the US is reconsidering the 
current patent system. I do not know about China, Australia and Japan, but my 
uninformed impression is that it is as bad there as it is in the US. I also 
think we shouldn't wonder that the Chineese do what we have told them for years 
now: we have ever and ever told them that they must respect the western way of 
IPR. Are they really to blame they are doing it now? Has someone forgotten to 
think about the situation that they themselves use it to their advantage? 
Believe me, a country of this size and population has lots of (real) 
inventors... ;)

Back to this case: I still see lack of an innovation. The thing also smells bad 
if I look at the timing. Anyhow, the action to take is to clarify the claim and 
see how to avoid it. Chris is handling this perfectly. I think it was also 
important to voice that we are unhappy with a patent claim. This has been done. 
David has done his chore of notifying the WG - exactly as required by IETF 
policies. A thing left to do (once we know details) is to make clear that the 
patent claim is invalid and there are lots of prior art. As far as I know, you 
Darren, had started the WG with syslog/ssl in mind. So you are probably in one 
of the best position to proove this prior art. Please do that once the details 
are clear.

IMHO we should not be overreacting: if that IPR claim is the worst thing that 
happens to the WG, we are very lucky. It's a weak one, even though it is 
disturbing and eventually time-consuming. I think we've had bigger problems and 
we were able to solve them. Having to deal with lawyers is nothing that make a 
tech guy happy (at least not me...), but sometimes this is unavoidable.

Having said all this, please let me repeat that I prefer to have no syslog RFC 
than to have one that is taken hostage by a nonsense patent claim. Just to make 
sure I will not be misunderstood in this regard. But it is no solution to run 
away as soon as somebody screams "IPR" into the crowd...

Rainer

> -----Original Message-----
> From: Darren Reed [mailto:[EMAIL PROTECTED] 
> Sent: Friday, June 09, 2006 7:23 PM
> To: David B Harrington
> Cc: [EMAIL PROTECTED]
> Subject: [Syslog] Call for David Harrington to resign from 
> syslog as co-chair
> 
> As someone who works fr the offending company, I might point
> out that the lodged IPR statement does not accurately reference
> the draft at all.  It talks about "section IV" and "section V".
> The current draft has no "section IV" or "section V".
> The draft does have sections labelled "section 4" and "section 5".
> If you know anything of legal documents and messages then you will
> understand that they need to be accurate.  Ask your lawyer for
> more information on this.
> 
> Given your role as chair and that you are employed by the
> company involved, I would like to ask you to resign your
> role as co-chair here because I believe your commercial
> interests are compromising the direction and role of this
> group.
> 
> If you do not wish to voluntarily resign I will ask the
> group to take a vote on this matter.  As it stands, there
> are a number of people who do not like this move and I
> can imagine any number of them would feel betrayed by it.
> 
> Darren
> 
> > Hi,
> > 
> > As co-chair it is my responsibility to make the WG aware that there
> > has been a disclosure that an unpublished pending patent application
> > might be infringed by the implementation of the specifications in
> > draft-ietf-syslog-transport-tls-01.txt.
> > 
> > The disclosure can be found at
> > https://datatracker.ietf.org/public/ipr_detail_show.cgi?&ipr_id=717.
> > 
> > David Harrington
> > [EMAIL PROTECTED] 
> > [EMAIL PROTECTED]
> > [EMAIL PROTECTED]
> > co-chair, Syslog WG 
> > 
> > 
> > _______________________________________________
> > Syslog mailing list
> > [email protected]
> > https://www1.ietf.org/mailman/listinfo/syslog
> > 
> > 
> 
> _______________________________________________
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> 

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