Re: [Cerowrt-devel] Fwd: License File for Open Source Repositories

[Michael Richardson <mcr@sandelman.ca>]

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Dave Taht <dave.taht@gmail.com> wrote:
    >> Of course there is no case law regarding patent s in other licenses,
    >> in particular MIT and BSD, which have no strong copyleft provisions.

    > Yes, I think *mandating* that ietf contributions be under a weak,
    > unsettled license is fraught with problems.

The IETF has set a minimum IPR process for contributions.  There are many at
the IETF that would like to see WGs consider the open source hostile RAND and
instead consider only RF contributions.  That's an existing debate, and this
text does not change the debate either way.  Rather, it just makes it clear
that the existing policy applies even if you use github.
(The alternative is that we might get submarine patent claims that surfce
in specifications after they have processed)

You don't have to contribute based upon such a minimum.  It turns out to be
hard to claim "no patent applies" on some contribution, one may be better to
file a patent and/or cite an expired one, and offer it as RF...


    >>
    >> This issue of submarine patent traps is important in communications
    >> protocol invention. Protocol patents are far worse than software
    >> patents... IMO, communications protocols should never be
    >> property. IESG is struggling to create a middle ground, where there
    >> should be no middle, IMO.

    > Tend to agree.

Also I want to point out that it's really up to the WG.
The IPR process makes the IPR claims visible, and WGs can decide that the
terms are not acceptable and demand something better.

My experience is that 95% of IETF IPR filings are from morons who didn't
understand their own patent or the protocol at all.  All they did was pattern
match on a few keywords.

--
]               Never tell me the odds!                 | ipv6 mesh networks [
]   Michael Richardson, Sandelman Software Works        | network architect  [
]     mcr@sandelman.ca  http://www.sandelman.ca/        |   ruby on rails    [


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