[OpenID] OpenID IPR Policy Draft

[Ben Laurie]

On 12/7/06, Gabe Wachob <gabe.wachob at amsoft.net> wrote:
> Ben-
>         I'm not sure what you are suggesting is the problem - is this just a
> matter of timing? That is, could we remedy your issue by saying that you
> have to issue the license before a certain event? This language is pretty
> common - I'm not sure what else a policy could say?
>
>         Are you suggesting that there is some sort of implied license or
> estoppel that comes into creation by virtue of the policy? I'm not aware of
> any IPR policy in standards bodies that works that way - and I'm not sure
> its really effective from a legal point of view.
>
>         As an alternative, when we say "issue a license", perhaps we should
> be saying "a unilateral license or covenant of non-assertion (etc) that does
> not require affirmative action on the part of the licensee" (needs to be
> worded right - but does that capture your intent?)

Yes, that's what I'm after.

> I'd note that the w3c and
> oasis (rf on limited terms) policies do *not* require patent licensors to
> issue these sort of super-low-friction licenses (though I've personally
> pushed for it within OASIS).

I know, and it can be a problem.

>
>         -Gabe
>
> > -----Original Message-----
> > From: general-bounces at openid.net [mailto:general-bounces at openid.net] On
> > Behalf Of Ben Laurie
> > Sent: Thursday, December 07, 2006 8:31 AM
> > To: Recordon, David
> > Cc: specs at openid.net; general at openid.net
> > Subject: Re: [OpenID] OpenID IPR Policy Draft
> >
> > On 12/6/06, Recordon, David <drecordon at verisign.com> wrote:
> > > Hey guys,
> > > Been working with Gabe, and others, on starting to draft an IPR Policy
> > > for OpenID specifications.  We'd appreciate feedback in terms of if what
> > > is written captures the correct intent of the community?  We realize the
> > > language isn't technically as tight as it needs to be, though first want
> > > to make sure it is saying the right thing.  It is largely based on the
> > > IPR Policy for Microformats.
> > >
> > > http://openid.net/wiki/index.php/IPR_Policy
> >
> > A problem with saying "you MUST offer ... a royalty free license" is
> > that in order to be open-source-friendly the licence has to be
> > automatic - otherwise potentially each user of the s/w has to jump
> > through hoops to get the licence.
> >
> > >
> > > Thanks,
> > > --David
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