RE: Normatively referenced specifications

[Michael Cameron <[e-mail]>]

Larry wrote:

>>Where in the IETF rules does it say that conformity to the spec is a legal requirement in order to implement it?

Conformity to the spec is a technical requirement for interoperability. One can try to implement similar functionality outside of the Specification (and may be successful), but they may have difficulty marketing the box to a carrier who wants your assurance that it is protocol compliant (when tecnically, it is not).

>>How do you reconcile that with the open source rule that says that any FOSS software can be modified without asking additional permissions? 

Company A is the inventor a high level protocol X adopted as an IETF RFC and declared by A under RAND.

Company B develops source code that implements X and makes it avaliable under one of the permissive copyleft licenses.

Company C is free to do as they wish with respect to B's source code (subject to the copyleft license--e.g., modify it, distribute it, etc.,) but B and C are still obligated to respect A's IPR rights.     

Ultimately, one must map A's patent claims to the Specification to determine the scope of Company A's rights.  How anyone implements protocol X (using FOSS, proprietary code, etc., is irrelevant to determing A's rights).