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    RE: iSCSI: New Lucent stmt on SRP



    Jim,
    
    > 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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Last updated: Fri Mar 29 14:18:18 2002
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