RE: [PATCH 00/05] ipv6: RFC4214 Support

2007-11-07 Thread Templin, Fred L
As further clarification, here is the US patent office
transaction history for the SRI application, which shows
that the application was rejected on 8/02/04:

http://portal.uspto.gov/external/portal/!ut/p/kcxml/04_Sj9SPykssy0xPLMnM
z0vM0Y_QjzKLN4gPMATJgFieAfqRqCLGpugijnABX4_83FT9IKBEpDlQxNDCRz8qJzU9MblS
P1jfWz9AvyA3NDSi3NsRAHxEBJg!/delta/base64xml/L0lJSk03dWlDU1lKSi9vQXd3QUF
NWWdBQ0VJUWhDRUVJaEZLQSEvNEZHZ2RZbktKMEZSb1hmckNIZGgvN18wXzE4TC81L3NhLmd
ldEJpYg!!?selectedTab=fileHistorytabisSubmitted=isSubmitteddosnum=0972
8253public_selectedSearchOption=

and here is the 12/01/04 IPR Status summary from KAME
stating the basis for including ISATAP in their product: 

http://www.kame.net/newsletter/20041201/

Fred
[EMAIL PROTECTED] 

 -Original Message-
 From: Templin, Fred L 
 Sent: Wednesday, November 07, 2007 6:42 AM
 To: David Stevens; Pekka Savola
 Cc: David Miller; netdev@vger.kernel.org; 
 [EMAIL PROTECTED]; [EMAIL PROTECTED]
 Subject: RE: [PATCH 00/05] ipv6: RFC4214 Support
 
 I think I can clear this up. The patent office rejected
 SRI's patent application, therefore there are no valid
 claims that could prevent ISATAP from being included
 in public domain software releases. Indeed, Microsoft,
 cisco, and FreeBSD/KAME are shipping ISATAP and have
 been doing so for a long time, and I believe there are
 also several others.
 
 Fred
 [EMAIL PROTECTED]
 
  -Original Message-
  From: David Stevens [mailto:[EMAIL PROTECTED] 
  Sent: Tuesday, November 06, 2007 11:54 PM
  To: Pekka Savola
  Cc: David Miller; Templin, Fred L; netdev@vger.kernel.org; 
  [EMAIL PROTECTED]; [EMAIL PROTECTED]
  Subject: Re: [PATCH 00/05] ipv6: RFC4214 Support
  
   give it away on this specific instance.  I'm not sure if 
 you should 
   attribute to hidden agendas what you can explain by doing 
  the right 
   thing (granted, very few companies do this which may make 
  it suspect, 
   but still..).
  
  Pekka,
  I'm not assuming hidden agendas here; I simply 
 don't know what
  they mean by no license for implementers.  It doesn't say they
  relinquish *all* licensing, which would be clearer if 
 that's what they
  mean. If implementers, distributors, and users are included, then
  who's left that does need licensing? If that answer really 
 is nobody,
  then why bother with for implementers.?
  So, I don't think it's a hidden agenda, I think 
 they said what
  they mean. I just don't know what they mean. :-)
  
  
 +-DLS
  
  
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RE: [PATCH 00/05] ipv6: RFC4214 Support

2007-11-07 Thread Templin, Fred L
I think I can clear this up. The patent office rejected
SRI's patent application, therefore there are no valid
claims that could prevent ISATAP from being included
in public domain software releases. Indeed, Microsoft,
cisco, and FreeBSD/KAME are shipping ISATAP and have
been doing so for a long time, and I believe there are
also several others.

Fred
[EMAIL PROTECTED]

 -Original Message-
 From: David Stevens [mailto:[EMAIL PROTECTED] 
 Sent: Tuesday, November 06, 2007 11:54 PM
 To: Pekka Savola
 Cc: David Miller; Templin, Fred L; netdev@vger.kernel.org; 
 [EMAIL PROTECTED]; [EMAIL PROTECTED]
 Subject: Re: [PATCH 00/05] ipv6: RFC4214 Support
 
  give it away on this specific instance.  I'm not sure if you should 
  attribute to hidden agendas what you can explain by doing 
 the right 
  thing (granted, very few companies do this which may make 
 it suspect, 
  but still..).
 
 Pekka,
 I'm not assuming hidden agendas here; I simply don't know what
 they mean by no license for implementers.  It doesn't say they
 relinquish *all* licensing, which would be clearer if that's what they
 mean. If implementers, distributors, and users are included, then
 who's left that does need licensing? If that answer really is nobody,
 then why bother with for implementers.?
 So, I don't think it's a hidden agenda, I think they said what
 they mean. I just don't know what they mean. :-)
 
 +-DLS
 
 
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Re: [PATCH 00/05] ipv6: RFC4214 Support

2007-11-07 Thread Pekka Savola

On Tue, 6 Nov 2007, David Stevens wrote:

give it away on this specific instance.  I'm not sure if you should
attribute to hidden agendas what you can explain by doing the right
thing (granted, very few companies do this which may make it suspect,
but still..).


Pekka,
   I'm not assuming hidden agendas here; I simply don't know what
they mean by no license for implementers.  It doesn't say they
relinquish *all* licensing, which would be clearer if that's what they
mean. If implementers, distributors, and users are included, then
who's left that does need licensing? If that answer really is nobody,
then why bother with for implementers.?
   So, I don't think it's a hidden agenda, I think they said what
they mean. I just don't know what they mean. :-)


If you look at the page they used to file the disclosure:

https://datatracker.ietf.org/ipr/new-specific/

You'll notice that they chose the most relaxed option available, and 
all the options only discuss implementers not distributors.


Now, if you look at the background commentary of the subject:

http://tools.ietf.org/html/rfc3905

.. the comment about that particular option is:

   a) No License Required for Implementers: The Patent Holder does not
  require parties to acquire any license to its Necessary Patent
  Claims in order to make, have made, use, import, offer to sell,
  sell, or distribute technology that implements such an IETF
  specification.

Seems clear to me, though someone could argue whether RFC 3905 is 
normative in this context, i.e., whether the person who submitted the 
disclosure understood the comment quoted above and that that's the way 
no license required for implementers must be interpreted.


--
Pekka Savola You each name yourselves king, yet the
Netcore Oykingdom bleeds.
Systems. Networks. Security. -- George R.R. Martin: A Clash of Kings
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Re: [PATCH 00/05] ipv6: RFC4214 Support

2007-11-07 Thread David Stevens
Pekka,
Thanks! That answers the question I had (i.e., you believe the 
legal
issues are resolved).

+-DLS

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[PATCH 00/05] ipv6: RFC4214 Support

2007-11-06 Thread Templin, Fred L
From: Fred L. Templin [EMAIL PROTECTED]

The following diffs are specific to the Linux 2.6.23
kernel distribution and implement RFC4214 (Intra-Site
Automatic Tunnel Addressing Protocol - ISATAP). The
affected modules are:

  linux2.6.23/include/linux/if.h
  linux2.6.23/include/net/addrconf.h
  linux2.6.23/net/ipv6/addrconf.c
  linux2.6.23/net/ipv6/sit.c
  linux2.6.23/net/ipv6/Kconfig

and the diffs for each file are included in the following
messages as [PATCH 01/05] through [PATCH 05/05].

The code has been tested under Fedora Core 6 running the
modified 2.6.23 and has been verified in both ISATAP
client and ISATAP router configurations. (The ISATAP
router configuration uses the 'radvd' package.)
Interoperability testing with Windows Vista has also
been performed.

Please advise as to next steps.

Signed-off-by: Fred L. Templin [EMAIL PROTECTED]
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Re: [PATCH 00/05] ipv6: RFC4214 Support

2007-11-06 Thread David Miller
From: Templin, Fred L [EMAIL PROTECTED]
Date: Tue, 6 Nov 2007 17:15:54 -0800

 Please advise as to next steps.

Your email client has mangles the patches, adding line breaks.  This
makes the patches not apply at all.

Please correct this and resubmit, thank you.
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Re: [PATCH 00/05] ipv6: RFC4214 Support

2007-11-06 Thread David Stevens
Last I heard, there are Intellectual Property claims with ISATAP,
which is why the RFC is not standards track and which makes it
effectively a proprietary protocol.

Unless that's been resolved, I think the claim by the IP owner is
that it can't be distributed without a license from them. So, maybe
not worth the effort for an experimental RFC.

+-DLS

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Re: [PATCH 00/05] ipv6: RFC4214 Support

2007-11-06 Thread David Miller
From: David Stevens [EMAIL PROTECTED]
Date: Tue, 6 Nov 2007 21:26:15 -0800

 Last I heard, there are Intellectual Property claims with ISATAP,
 which is why the RFC is not standards track and which makes it
 effectively a proprietary protocol.
 
 Unless that's been resolved, I think the claim by the IP owner is
 that it can't be distributed without a license from them. So, maybe
 not worth the effort for an experimental RFC.

If this is the case, I agree, we cannot include ISATAP
support in the kernel.
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Re: [PATCH 00/05] ipv6: RFC4214 Support

2007-11-06 Thread YOSHIFUJI Hideaki / 吉藤英明
In article [EMAIL PROTECTED] (at Tue, 06 Nov 2007 21:37:50 -0800 (PST)), 
David Miller [EMAIL PROTECTED] says:

 From: David Stevens [EMAIL PROTECTED]
 Date: Tue, 6 Nov 2007 21:26:15 -0800
 
  Last I heard, there are Intellectual Property claims with ISATAP,
  which is why the RFC is not standards track and which makes it
  effectively a proprietary protocol.
  
  Unless that's been resolved, I think the claim by the IP owner is
  that it can't be distributed without a license from them. So, maybe
  not worth the effort for an experimental RFC.
 
 If this is the case, I agree, we cannot include ISATAP
 support in the kernel.

I guess license is no longer required for implementers of ISATAP.
Is it right, Fred?

https://datatracker.ietf.org/ipr/550/

--yoshfuji


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Re: [PATCH 00/05] ipv6: RFC4214 Support

2007-11-06 Thread David Stevens
 I guess license is no longer required for implementers of ISATAP.
 Is it right, Fred?
 
 https://datatracker.ietf.org/ipr/550/

Does this also allow license-free redistribution?

I'm certainly no lawyer, but I don't see the point of
having a patent that doesn't restrict *something*. :-)

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Re: [PATCH 00/05] ipv6: RFC4214 Support

2007-11-06 Thread David Miller
From: David Stevens [EMAIL PROTECTED]
Date: Tue, 6 Nov 2007 22:07:44 -0800

  I guess license is no longer required for implementers of ISATAP.
  Is it right, Fred?
  
  https://datatracker.ietf.org/ipr/550/
 
 Does this also allow license-free redistribution?
 
 I'm certainly no lawyer, but I don't see the point of
 having a patent that doesn't restrict *something*. :-)

That is my interpretation as well.  It allows
license free implementation, but not distribution
of said implementation.
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Re: [PATCH 00/05] ipv6: RFC4214 Support

2007-11-06 Thread Pekka Savola

On Tue, 6 Nov 2007, David Miller wrote:

From: David Stevens [EMAIL PROTECTED]
Date: Tue, 6 Nov 2007 22:07:44 -0800


I guess license is no longer required for implementers of ISATAP.
Is it right, Fred?

https://datatracker.ietf.org/ipr/550/


Does this also allow license-free redistribution?

I'm certainly no lawyer, but I don't see the point of
having a patent that doesn't restrict *something*. :-)


DavidS, the history here is that first the IPR holder did not grant 
license-free implementation.  After considerable time (and I suspect 
energy spent by Fred), the company was convinced that license-free 
implementation did not hurt their interests and they were willing to 
give it away on this specific instance.  I'm not sure if you should 
attribute to hidden agendas what you can explain by doing the right 
thing (granted, very few companies do this which may make it suspect, 
but still..).


That is my interpretation as well.  It allows license free 
implementation, but not distribution of said implementation.


This may be a fine point.  When submitting the IPR notice, the IPR 
holder is asked whether it can be implemented without a license.  No 
questions about redistribution are asked -- maybe nobody thought that 
asking that would be necessary if a positive answer is received on the 
first one.  I'd guess that the owner that grants license-free 
implementation would also be fine with license-free (re-)distribution.


--
Pekka Savola You each name yourselves king, yet the
Netcore Oykingdom bleeds.
Systems. Networks. Security. -- George R.R. Martin: A Clash of Kings
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Re: [PATCH 00/05] ipv6: RFC4214 Support

2007-11-06 Thread David Stevens
 give it away on this specific instance.  I'm not sure if you should 
 attribute to hidden agendas what you can explain by doing the right 
 thing (granted, very few companies do this which may make it suspect, 
 but still..).

Pekka,
I'm not assuming hidden agendas here; I simply don't know what
they mean by no license for implementers.  It doesn't say they
relinquish *all* licensing, which would be clearer if that's what they
mean. If implementers, distributors, and users are included, then
who's left that does need licensing? If that answer really is nobody,
then why bother with for implementers.?
So, I don't think it's a hidden agenda, I think they said what
they mean. I just don't know what they mean. :-)

+-DLS

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