RE: draft-savola-ipr-lastcall-01.txt

On Fri, 9 May 2003, Contreras, Jorge wrote:
> Those two scenarios somewhat defeat the purpose of the 
> "new and improved" IPR disclosure
> process.  If an IETF participant knows of relevant IPR that his/her company
> owns, he/she must disclose it formally.  

Incorrect (or I must have misunderstood): he/she must disclosure it *only*
if he makes a contribution, like steps in the mike and discusses the 
subject.

There seem to be two main kinds of scenarios:
 1) companies pre-emptively, before the issue gets discussed, disclose all 
the relevant IPR

 2) companies disclose IPR only when they have to, when a person makes a 
contribution, and therefore must make a disclosure.  In this case it is 
polite for the contributer to state that they have some IPR.

Then the question becomes, must disclose formally *when*?  As soon as
reasonable, IMO.

Depending on the definition of "reasonable", which is subjective, there is 
a window between the contribution and the formal filing.

This memo tries to ensure that the IESG will not last-call documents for 
which "paperwork" ie. formal disclosure has not been made yet.

> The disclosures can be made on the easy-to-use template that is being
> discussed, so it should not be a heavy burden.  However, considering
> IPR that is "out there" but not formally disclosed isn't
> such a good idea.  If people want to consider it, why not file
> a short third party disclosure?

At least the proposed template seems completely useless for third party
disclosures.

It is much more pragmatic to be able to say "we have IPR, *our lawyers*
file later", rather than be quiet until the disclosure is made.  There is
a bit problematic with the 3rd party disclosures, as the original party
may be unwilling for file.

-- 
Pekka Savola                 "You each name yourselves king, yet the
Netcore Oy                    kingdom bleeds."
Systems. Networks. Security. -- George R.R. Martin: A Clash of Kings

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