Dear all,

Based on the recent email from Antoine Delignat-Lavaud [1] and feedback
received directly by the chairs, we do not see reasons to delay a request
for publications for draft-ietf-cose-merkle-tree-proofs. I will update the
shepherd write-up and request publication.

Thank you,
Ivaylo

[1]: https://mailarchive.ietf.org/arch/msg/cose/uaXAo7zsnFg1XHOq1xoIKUR6ah8/

On Tue, Jan 28, 2025 at 7:30 PM Ivaylo Petrov <[email protected]>
wrote:

> Dear all,
>
> I'd like to follow up on the previous WGLC announcement regarding
> draft-ietf-cose-merkle-tree-proofs. As a reminder, the previous email
> requested your input on whether the disclosed IPR impacts your support for
> publication of this document.
>
> To facilitate the next steps in this process, I kindly request your *response
> by February 11th (2 weeks from now)*. Feel free to only reply to the WG
> chairs. Please indicate whether:
>
> * (a) You require additional time to form an opinion.
> * (b) You have an opinion (please share it).
> * (c) You do not have an opinion.
> * (d) You have an alternative proposal for a path forward.
>
> Your timely response will be greatly appreciated and will assist us in
> moving forward.
>
> Thank you for your attention to this matter.
>
> --
> Ivaylo
>
>
> On Thu, Jan 16, 2025 at 10:15 AM Ivaylo Petrov <[email protected]>
> wrote:
>
>> Dear all,
>>
>> In light of https://datatracker.ietf.org/ipr/6609/, please answer the
>> following question in relation to draft-ietf-cose-merkle-tree-proofs [0].
>>
>> Does this IPR disclosure impact your support for publication of this
>> document?
>>
>> [0]:
>> https://datatracker.ietf.org/doc/html/draft-ietf-cose-merkle-tree-proofs-07
>>
>> Before answering the question above, please read through the following
>> quote [1] from another working group that you might find helpful in
>> relation to the process regarding Intelectual property Rights at the IETF.
>>
>> [1]:
>> https://mailarchive.ietf.org/arch/msg/core/-8jgb0jpEOpPjfJyfkIcVcpx5F0/
>>
>>     Note that, in the IETF, patent claims are usually called "IPR"
>>     ("Intellectual Property Rights"), independent of whether there are any
>>     actual rights or what "IPR" may apply beyond patent claims (for
>>     instance, there are usually copright claims or similar droit
>>     d'auteur/Urheberrecht on the text of a draft).
>>
>>     So, focusing on patent claims, before answering the WGLC, PLEASE
>>     REVIEW the IETF procedures for dealing with such claims, as recorded
>>     in BCP 79 (currently RFC 8179 [2]).
>>
>>     [2]: https://www.rfc-editor.org/rfc/rfc8179
>>
>>     In general, in the IETF it is up to a WG to consider the impact of
>>     patent claims on a technology and to decide whether a potentially
>>     encumbered technology should be agreed on or whether alternative
>>     technologies should be pursued.
>>     (IESG members may be interested in a WG's record of making this
>>     decision, but the rules notably do not put them in a position to
>>     second-guess that decision.
>>     Neither are the WG chairs, which however do need to gauge the WG
>>     consensus on a particular decision.)
>>
>>     Please note that one weird aspect of the patent law that governs
>>     several of the jurisdictions under which members of the WG operate is
>>     that plausibly having knowledge about a patent claim can create
>>     additional liability for those WG members (as individuals or for their
>>     companies).
>>     We therefore generally DO NOT discuss details of patent claims on WG
>>     mailing lists.
>>
>>     However, WG members will need to factor in information about patent
>>     claims when making the decision whether to be in favor of a document
>>     advancing after a WG call.
>>     They may need to obtain some of the necessary input from separate
>>     sources, such as corporate lawyers, which may require additional time
>>     -- <redacted due to irrelevance>.
>>     Your lawyers may be interested in whether the patent claims actually
>>     "read" on the specification under consideration (i.e., claim patent
>>     rights on some aspect of it) and whether that specific claim is
>>     sufficiently likely to be enforceable to be of interest for the
>>     decision of the organization.
>>
>>     Note that this is a legal decision, and as such not subject to a logic
>>     that engineers might understand.
>>     There is therefore little reason to fall into armchair lawyering on
>>     the mailing list, and, as I mentioned, that would likely be
>>     detrimental for some WG members (having caused WG members to
>>     unsubscribe and cease their activities in a WG before).
>>     Also, you definitely do not want to appear to give legal advice.
>>
>> Thank you
>> --
>> Ivaylo on behave of the COSE chairs
>>
>> P.S: This email was drafted after a discussion with my co-chair and
>> feedback on
>> https://mailarchive.ietf.org/arch/browse/wgchairs/?gbt=1&index=GlwPylkPBsHgffuJXEr-_ZhlxFg
>> .
>>
>>
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