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Re: Looking for statement of patent issues re ISAKMP/Oakley
Let me refer folks to RFC 2026. Here's a relevant excerpt:
(C) Where the IESG knows of rights, or claimed rights under (A), the
IETF Executive Director shall attempt to obtain from the claimant
of such rights, a written assurance that upon approval by the IESG
of the relevant Internet standards track specification(s), any
party will be able to obtain the right to implement, use and
distribute the technology or works when implementing, using or
distributing technology based upon the specific specification(s)
under openly specified, reasonable, non-discriminatory terms.
The Working Group proposing the use of the technology with respect
to which the proprietary rights are claimed may assist the IETF
Executive Director in this effort. The results of this procedure
shall not affect advancement of a specification along the
standards track, except that the IESG may defer approval where a
delay may facilitate the obtaining of such assurances. The
results will, however, be recorded by the IETF Executive Director,
and made available. The IESG may also direct that a summary of
the results be included in any RFC published containing the
specification.
10.3.3 Determination of Reasonable and Non-discriminatory Terms
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. It will instead use the
normal requirements for the advancement of Internet Standards to
verify that the terms for use are reasonable. If the two unrelated
implementations of the specification that are required to advance
from Proposed Standard to Draft Standard have been produced by
different organizations or individuals or if the "significant
implementation and successful operational experience" required to
advance from Draft Standard to Standard has been achieved the
assumption is that the terms must be reasonable and to some degree,
non-discriminatory. This assumption may be challenged during the
Last-Call period.