Re: RIM patents using a mime body in a message (and ignores IETF IPR rules)

Russ Housley wrote:
> John-Luc:
>
> I am sending this note to help you understand the IETF IPR policies; 
> they are fully described in BCP 79 
> (http://www.ietf.org/rfc/bcp/bcp79.txt). I hope this note clarifies 
> the responsibilities of RIM employees (and anyone else) who 
> participate in IETF.
>
> IETF participants engage as individuals, not as representatives of 
> their employers (See Section B.1 of RFC 4677; 
> http://www.ietf.org/rfc/rfc4677.txt). The obligation to follow the IPR 
> policies in BCP 79 is an individual one, not a corporate one. Section 
> 6.1of BCP 79 is quite clear; IETF Participants are required to 
> disclose IPR which they "reasonably and personally know" applies to a 
> Contribution. The BCP specifically excludes cases in which a 
> participant is unaware of IPR held by their employer.
>
> Please do not hesitate to contact me if you need further clarification.
>
In the present instance, the invitation to use the lack of personal 
knowledge as an excuse is ill-advised: a quick search for inventor name 
"john-luc" "bakker" in the US patent office database of published patent 
applications returns 34 patent applications with titles indicating a 
connection to data networks and mobility.

It could have been that RIM internal IPR management would have isolated 
IETF contributors from personal knowledge of specific applications, but 
that seems not to be the case.

Perhaps the "Note Well" has some intrinsic enforcement limitations 
(enforcement in the meaning that it would be useful for a third party - 
neither IESG not its trust - against a patent holder who had failed to 
comply). But I am not a lawyer and I don't know.

Regards,

- Thierry Moreau
> Russ Housley
> IETF Chair
>
>
> At 06:46 PM 11/19/2009, John-Luc Bakker wrote:
>> Dear all,
>>
>> With regard to the recent discussion regarding RIM's recent IPR
>> disclosures, I understand the community's concerns regarding the
>> timeliness of the disclosure. As employees of companies we are bound by
>> confidentiality obligations and, in addition, cannot always control our
>> company's internal processes. The community's concerns have been
>> brought to the attention of my employer and they are in the process of
>> evaluating the concerns. My company has asked for your patience while
>> they take the time to evaluate the concerns and determine if there is an
>> appropriate course of action in this matter to alleviate the concerns of
>> the community.
>>
>> Your understanding is appreciated.
>>
>> Kind regards,
>>
>> John-Luc
>
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