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[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index] RE: iSCSI: New Lucent stmt on SRPJim, > What does "on the basis of reciprocity" mean. > Does this mean that if a company has ANY patent > they do not wish to license to Lucent, then > Lucent may deny rights to SRP? Does this still > meet the IETF requirements for reasonable and > non-discriminatory? -- Disclaimer - I am NOT a lawyer. - This message does NOT contain legal advice. - If you need legal advice, you need to talk to a lawyer. - If actions or decisions based on information in this message have legal consequences, those consequences are YOUR responsibility. - The IETF and yours truly disclaim all responsibility I believe the short answers are: > Does this mean that if a company has ANY patent > they do not wish to license to Lucent, then > Lucent may deny rights to SRP? "Almost certainly not." > Does this still > meet the IETF requirements for reasonable and > non-discriminatory? "Not a strictly relevant question, but it most likely does". Here's the long explanation: Reciprocity is usually scoped by field of use, which the Lucent statement identifies as: implementation of SRP as an IETF standards track specification In other words, in return for rights to Lucent's patent(s) for the purpose of implementing SRP, Lucent wants rights to any of your patents that are required to implement SRP for the purpose of implementing SRP. If you have no such patents, that's not a problem. As for IETF requirements for reasonable and non-discriminatory, Section 10.3.3 of RFC 2026 says: The IESG will not make any explicit determination that the assurance of reasonable and non-discriminatory terms for the use of a technology has been fulfilled in practice. Nonetheless reciprocity has been acceptable to the IETF community in other circumstances, for example, see Section 2, Paragraph 3 ("Reciprocal Grant by Licensee") in the document at: http://www.ietf.org/entrust_license.html and I believe you'll find reciprocity conditions in a number of the IPR notices on the IETF web site. IMHO, the Stanford SRP license is quite generous in not requiring reciprocity. Thanks, --David --------------------------------------------------- David L. Black, Senior Technologist EMC Corporation, 42 South St., Hopkinton, MA 01748 +1 (508) 249-6449 *NEW* FAX: +1 (508) 497-8500 black_david@emc.com Cell: +1 (978) 394-7754 ---------------------------------------------------
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