+1 On Dec 1, 2011, at 1:44 PM, Christian Huitema wrote:
> Note that the suit does not complain about the 3GPP and ETSI rules. It > alleges instead that the rules were not enforced, and that the leadership of > these organization failed to prevent the alleged anti-competitive behavior of > some companies. > > I believe that our current rules are fine. They were specifically designed to > prevent the kind of collusion described in the complaint. Yes, these rules > were defined many years ago, but the Sherman Antitrust Act is even older -- > it dates from 1890. We have an open decision process, explicit rules for > intellectual property, and a well-defined appeals process. If the plaintiffs > in the 3GPP/IETF lawsuit had been dissatisfied with an IETF working group, > they could have use the IETF appeal process to raise the issue to the IESG, > and the dispute would probably have been resolved after an open discussion. > > Rather than trying to set up rules that cover all hypothetical developments, > I would suggest a practical approach. In our process, disputes are > materialized by an appeal. Specific legal advice on the handling of a > specific appeal is much more practical than abstract rulemaking. > > -- Christian Huitema > > > > -----Original Message----- > From: ietf-boun...@ietf.org [mailto:ietf-boun...@ietf.org] On Behalf Of Joel > jaeggli > Sent: Thursday, December 01, 2011 8:56 AM > To: Jorge Contreras > Cc: Ted Hardie; IETF Chair; IETF; IESG > Subject: Re: An Antitrust Policy for the IETF > > On 11/28/11 12:58 , Jorge Contreras wrote: >> On Mon, Nov 28, 2011 at 2:35 PM, GTW <g...@gtwassociates.com >> <mailto:g...@gtwassociates.com>> wrote: >> >> __ >> Ted, I like your approach of enquiring what problem we are striving >> to solve and I like Russ's concise answer that it is "Recent suits >> against other SDOs that is the source of the concern" >> >> Russ, what are some of the "Recent suits against other SDOs" It >> would be good to pin down the problem we are addressing >> >> There is FTC and N-data matter from 2008 >> http://www.gtwassociates.com/alerts/Ndata1.htm >> >> >> George -- one recent example is the pending antitrust suit by True >> Position against ETSI, 3GPP and several of their members (who also >> employ some IETF participants, I believe). Here is some relevant >> language from the Complaint: > > When or if that suit is concluded you may be able to divine whether the > antitrust policy of either SDO was of any value. > >> "100. By their failures to monitor and enforce the SSO Rules, and to >> respond to TruePosition's specific complaints concerning violations >> of the SSO Rules, 3GPP and ETSI have acquiesced in, are responsible >> for, and complicit in, the abuse of authority and anticompetitive >> conduct by Ericsson, Qualcomm, and Alcatel-Lucent. These failures >> have resulted in the issuance of a Release 9 standard tainted by these >> unfair processes, and for the delay until Release 11, at the earliest, >> of a 3GPP standard for UTDOA positioning technology. By these >> failures, 3GPP and ETSI have authorized and ratified the >> anticompetitive conduct of Ericsson, Qualcomm, and Alcatel-Lucent and >> have joined in and become parties to their combination and conspiracy." >> >> >> _______________________________________________ >> Ietf mailing list >> Ietf@ietf.org >> https://www.ietf.org/mailman/listinfo/ietf > > _______________________________________________ > Ietf mailing list > Ietf@ietf.org > https://www.ietf.org/mailman/listinfo/ietf > > > _______________________________________________ > Ietf mailing list > Ietf@ietf.org > https://www.ietf.org/mailman/listinfo/ietf _______________________________________________ Ietf mailing list Ietf@ietf.org https://www.ietf.org/mailman/listinfo/ietf
