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Re: IPsec and patents
At 4:23 PM 8/6/94 -0500, Ran Atkinson wrote:
...
>I'd like to put out a request and reminder since there are many on this
>list who are somewhat new to the IETF way of doing things.
Ran,
Do you thin that the the following draft text states the situation correctly?
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Internet protocols should not avoid using a technology just because patent
rights may have been asserted in some countries. For example, many
cryptographic algorithms, especially asymmetric algorithms, are patented.
The situation with cryptographic patents is similar to that with trade
controls. That is, not all algorithms are patented in all countries, and
parallel, independent implementations in different countries are both
possible and customary in the Internet. Therefore, use of patented
technology in Internet standards should not precluded so long as the
licensing conditions are reasonable and non-discriminatory, as specified in
[RFC1602].
Since patents can potentially restrict application and use of Internet
standards, Internet protocols should avoid using patented technology
whenever there is an appropriate substitute technology that is
unrestricted. Internet standards should also avoid encryption algorithms
and other technologies that are commercially proprietary, governmentally
sensitive, militarily restricted (i.e., classified), or otherwise prevented
from being publicly disclosed. Such conditions preclude open peer review
that is fundamental to Internet standards development.
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Regards, -Rob- Robert W. Shirey SHIREY@MITRE.ORG
tel 703.883.7210, sec 703.883.5749, fax 703.883.1397
Info. Security Div., The MITRE Corp., Mail Stop Z231
7525 Colshire Drive, McLean, Virginia 22102-3481 USA
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