Re: [antitrust-policy] An Antitrust Policy for the IETF

Jorge Contreras <> Sun, 15 January 2012 22:57 UTC

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Date: Sun, 15 Jan 2012 16:57:28 -0600
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From: Jorge Contreras <>
To: "Joel M. Halpern" <>
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Cc:, Russ Housley <>
Subject: Re: [antitrust-policy] An Antitrust Policy for the IETF
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On Sun, Jan 15, 2012 at 4:37 PM, Joel M. Halpern <>wrote:

> I am glad to hear that company disclosures of terms are being looked at
> favorably.  But that was not the question I was trying to emphasis.
> I have seen, repeatedly, companies state licensing terms for disclosed
> IPR, and WGs which are unhappy with those terms.  So far, so good.  that is
> reality.
> What I have seen people get tempted to do is for the WG to attempt to
> persuade the company to change the licensing terms.  That, it seems to me,
> is a very different kettle of fish.  If the understanding of the law
> (probably due to judges) in that regard has changed, I would welcome being
> told taht.
> Yours,
> Joel

The issue of "collective negotiation" of licensing terms within an SDO is
currently unsettled, and there are vocal advocates on each side of the
question.  There have been no cases (at least not in the US) that are
directly on point, as far as I'm aware.  Thus, we may wish to say nothing
about this issue for the moment, and see how the law develops.