Re: Previous consensus on not changing patent policy (Re: References to Redphone's patent)

2009-02-18 Thread Theodore Tso
On Mon, Feb 16, 2009 at 02:11:26PM -0800, Lawrence Rosen wrote:
 But are the 1,000 or so emails in recent days from the FSF campaign not a
 loud enough hum to recognize that our IPR policy is out of tune? This is not
 the first such open source campaign either. IETF needs a more sturdy process
 to deal with IPR issues. Please consider the suggestions now on the table.

Given how badly misinformed the FSF and their 1,000 blind followers
were --- no, it's not even a hum.  More like the sound of a Concord
taking off if an IETF meeting happened to be located in a hotel which
was unfortunately located too close to an airport's runways.  Full of
sound and jury, signifying nothing...  :-)

- Ted
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Re: Previous consensus on not changing patent policy (Re: References to Redphone's patent)

2009-02-17 Thread TSG

John Levine wrote:

But are the 1,000 or so emails in recent days from the FSF campaign
not a loud enough hum to recognize that our IPR policy is out of
tune?



Are you really saying that all it takes is a mob motivated by an
misleading screed to make the IETF change direction?
  

Yes  - exactly that.

From the sample of the FSF letters I read, many of the people writing
didn't know the difference between Redphone and Red Hat, and if as
many as two of them had even looked at the draft or IPR disclosure in
question, it'd be a lot.

The FSF's absolutist position on patents was set in stone 20 years
ago.  I don't see why we should be impressed if they occasionally
throw a handful of pebbles at us.

R's,
John
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Previous consensus on not changing patent policy (Re: References to Redphone's patent)

2009-02-16 Thread Harald Alvestrand

Lawrence Rosen wrote:

Chuck Powers wrote:
  

+1

That is a legal quagmire that the IETF (like all good standards
development groups) must avoid.



Chuck is not alone in saying that, as you have just seen.

These are the very people who refused to add patent policy to the charter
of the previous IPR WG, and who controlled consensus on that point last
time.
To be precise: Last time was at the San Francisco IETF meeting, March 
16-22 2003, and I was the one controlling consensus.


The minutes (at http://www.ietf.org/proceedings/03mar/132.htm ) show 
this conclusion, after much discussion:



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.

Despite the abysmal spelling quality, it was pretty clear at the time 
that the arguments presented were not compelling. I haven't seen 
significant new arguments in the meantime; that doesn't mean they don't 
exist, just that I haven't seen them.


 Harald


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RE: Previous consensus on not changing patent policy (Re: References to Redphone's patent)

2009-02-16 Thread Lawrence Rosen
Harald Alvestrand writing about decisions made on March 16-22 2003:
  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?

Hi Harald,

Let's forget the past; I acknowledge we lost that argument then among those
few who bothered to hum. 

But are the 1,000 or so emails in recent days from the FSF campaign not a
loud enough hum to recognize that our IPR policy is out of tune? This is not
the first such open source campaign either. IETF needs a more sturdy process
to deal with IPR issues. Please consider the suggestions now on the table.

Best regards,

/Larry

Lawrence Rosen
Rosenlaw  Einschlag, a technology law firm (www.rosenlaw.com)
3001 King Ranch Road, Ukiah, CA 95482
707-485-1242 * cell: 707-478-8932 * fax: 707-485-1243
Skype: LawrenceRosen





 -Original Message-
 From: Harald Alvestrand [mailto:har...@alvestrand.no]
 Sent: Monday, February 16, 2009 5:10 AM
 To: lro...@rosenlaw.com
 Cc: ietf@ietf.org
 Subject: Previous consensus on not changing patent policy (Re: References
 to Redphone's patent)
 
 Lawrence Rosen wrote:
  Chuck Powers wrote:
 
  +1
 
  That is a legal quagmire that the IETF (like all good standards
  development groups) must avoid.
 
 
  Chuck is not alone in saying that, as you have just seen.
 
  These are the very people who refused to add patent policy to the
 charter
  of the previous IPR WG, and who controlled consensus on that point
 last
  time.
 To be precise: Last time was at the San Francisco IETF meeting, March
 16-22 2003, and I was the one controlling consensus.
 
 The minutes (at http://www.ietf.org/proceedings/03mar/132.htm ) show
 this conclusion, after much discussion:
 
  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.
 
 Despite the abysmal spelling quality, it was pretty clear at the time
 that the arguments presented were not compelling. I haven't seen
 significant new arguments in the meantime; that doesn't mean they don't
 exist, just that I haven't seen them.
 
   Harald

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Re: Previous consensus on not changing patent policy (Re: References to Redphone's patent)

2009-02-16 Thread John Levine
But are the 1,000 or so emails in recent days from the FSF campaign
not a loud enough hum to recognize that our IPR policy is out of
tune?

Are you really saying that all it takes is a mob motivated by an
misleading screed to make the IETF change direction?

From the sample of the FSF letters I read, many of the people writing
didn't know the difference between Redphone and Red Hat, and if as
many as two of them had even looked at the draft or IPR disclosure in
question, it'd be a lot.

The FSF's absolutist position on patents was set in stone 20 years
ago.  I don't see why we should be impressed if they occasionally
throw a handful of pebbles at us.

R's,
John
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RE: Previous consensus on not changing patent policy (Re: References to Redphone's patent)

2009-02-16 Thread Paul Hoffman
At 2:11 PM -0800 2/16/09, Lawrence Rosen wrote:
Let's forget the past; I acknowledge we lost that argument then among those
few who bothered to hum.

Many of us have heard this in various technical working groups when people who 
didn't get their way come back later. Such reconsiderations, particularly on 
topics of a non-protocol nature, are rarely embraced. We are humans with 
limited time and energy and focus.

But are the 1,000 or so emails in recent days from the FSF campaign not a
loud enough hum to recognize that our IPR policy is out of tune?

No, it is a statement that a group of people who are not active in the IETF 
want us to spend our time and effort to fix a problem they feel that they have.

 This is not
the first such open source campaign either. IETF needs a more sturdy process
to deal with IPR issues. Please consider the suggestions now on the table.

Where? I see no Internet Draft, nor any significant group of people who have 
said they are willing to work on the problem. Seriously, if this is a 
significant issue for this motivated group of people, they can do some research 
and write one (or probably more) Internet Drafts.

The IETF has never been swayed by blitzes of a mailing list asking for us to do 
someone else's technical work; we should not be swayed by similar blitzes 
asking us to do their policy work. We are, however, amazingly (and sometime 
painfully) open to discussing worked-out solutions of either a technical or 
policy nature. In this case, worked-out means a document that describes the 
the current solution, the advantages and disadvantages of it, a proposal for a 
new solution, and a transition plan.

--Paul Hoffman, Director
--VPN Consortium
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Re: Previous consensus on not changing patent policy (Re: References to Redphone's patent)

2009-02-16 Thread ned+ietf
 But are the 1,000 or so emails in recent days from the FSF campaign
 not a loud enough hum to recognize that our IPR policy is out of
 tune?

 Are you really saying that all it takes is a mob motivated by an
 misleading screed to make the IETF change direction?

I certainly hope not because, as you said previously, think what advantage
large companies would be able to take of it.

 From the sample of the FSF letters I read, many of the people writing
 didn't know the difference between Redphone and Red Hat,

Yeah, that was briefly amusing, as was the ones that wanted to stop the
standardization of TLS because of this patent.

Amusing at first, that is, then quite annoying.

 and if as
 many as two of them had even looked at the draft or IPR disclosure in
 question, it'd be a lot.

I think I spotted five that seemed to be somewhat informed. But even those
didn't do any sort of analysis of the disclosure or the patent application to
back up their assertions.

 The FSF's absolutist position on patents was set in stone 20 years
 ago.  I don't see why we should be impressed if they occasionally
 throw a handful of pebbles at us.

More to the point, the IETF IPR policy may be spot on or it may be a steaming
pile of crap, but this mail bombardment by the FSF proves nothing either way.

FWIW, I'm not happy with the current policy, but most of the sketches of
alternatives I've seen don't seem like changes for the better. Perhaps if they
were fully worked out in the form of a draft and all the loose ends were tied
off I'd change my mind.

Ned
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