Andrew C. Oliver wrote:
Is it possible to change the standard as not to infringe on these patents?It is unlikely that that there are any authentication framework designs that don't touch on a number of strong patents. RSA is only one obvious example. This is a bloody business - there is zero benefit for an IP right holder to reveal his hand prior to wide adoption. Better to let all the little fishes swallow the hook before you drag them in.
Why do we know about the RSA one? Because they participated in a standards body where the rules required them to fess-up or relinquish. There are yet more examples of this kind of thing in the footnotes of the Liberty Phase I spec, which has a different set of players involved in writing the standard.
It is impractical for the foundation to warranty that our code has zero patent entanglements.
It should be something we aspire to. Of course.
In the space between impractical and aspire is real work, damn it.
A policy that we strive to avoid inappropriate patent entanglements would be good. Even if it is stating the obvious.
A standard procedure for clearly passing patent claims thru, without comment, from IPR claimants and our users might be helpful.
But that's only nibbles away at the edges of the messy between aspire and practical.
This is the horrible messy world the licensing subcommittee of the board has spent the last few years working very hard on. I see signs that is coming to closure. It is their job, but I've regularly heard them and the board say that no policy will be compiled into the foundation's DNA until the members get to do a review of what they come up with.
Is the RSA patent an example of an inappropriate patent entanglement? My sense is that in-spite of RSA's history that their goals in this situation are very close to ours and that with enough hard work this particular problem can be resolved. It is certainly not clear who is going to do that hard work.
Should OpenSAML wait for the "is this inappropriate?" question to get resolved. Damn'd if I know. I think the incubator PMC should decide that, or seek advise.
- ben
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