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

[Brian E Carpenter <[e-mail]>]

On 2009-12-01 23:57, Simon Josefsson wrote:
> Scott Brim <[e-mail]> writes:
> 
>> Simon Josefsson allegedly wrote on 11/30/2009 10:11 AM:
>>> There is no requirement in the IETF process for organizations to
>>> disclose patents as far as I can see.  The current approach of only
>>> having people participate, and disclose patents, in the IETF is easy to
>>> work around by having two persons in an organization doing different
>>> things: one works on specifying and standardizing technology, and the
>>> other is working on patenting the technology.
>> Simon, from rfc3979:
>>
>>    l. "Reasonably and personally known": means something an individual
>>       knows personally or, because of the job the individual holds,
>>       would reasonably be expected to know.  This wording is used to
>>       indicate that an organization cannot purposely keep an individual
>>       in the dark about patents or patent applications just to avoid the
>>       disclosure requirement.  But this requirement should not be
>>       interpreted as requiring the IETF Contributor or participant (or
>>       his or her represented organization, if any) to perform a patent
>>       search to find applicable IPR.
> 
> I don't see how this modifies anything?  The legal obligation is on the
> IETF participant, not on the organization.  The organization is not
> bound by this text.

IANAL. But if the participant is acting as an agent of the employer,
it seems to me that the employer is bound. In any case, you'd have to be
a brave or reckless employee not to assume that to be the case. You'd also
have to be a very obtuse employer to fund your employees to participate
if you didn't like the IETF's rules.

At least, that's how it's worked for the last 12 or 13 years.

    Brian

    Brian