On Tue, Sep 1, 2015 at 2:02 PM, Blumenthal, Uri - 0553 - MITLL
<u...@ll.mit.edu> wrote:
> On 9/1/15, 13:54 , "TLS on behalf of Dave Garrett" <tls-boun...@ietf.org
> on behalf of davemgarr...@gmail.com> wrote:
>
>>On Tuesday, September 01, 2015 01:24:05 pm Jeffrey Walton wrote:
>>>> They, however, obviously do have the choice of switching from DSA to
>>>>ECDSA, so that argument doesn't make much sense here.
>>>
>>> I suppose that depends on how threatened you feel by Certicom’s claimed
>>>patents on EC.
>>
>>If the US Federal government actually got sued over ECC patents, I would
>>hope they'd just abolish them and move on.
>
> I don’t think it’s as simple as that. US government licensed some of the
> ECC technology from Certicom. But I’ve heard Certicom claim that the
> licensing terms are so narrow that only direct national security
> applications qualify for that license.

Did Certicom ever have patents applying to the use of ECDHE in TLS?
It's not clear that they did: certainly RFC 6090 goes so far as to
claim that there are patent-free implementation methods based on
pre-1985 sources.

>
> This isn’t something where vendors (and their lawyers) can rely on “would
> hope”.
>
>>This is all a side-discussion, here, though. The US government's
>>requirements are not our concern here. Dropping DSA in TLS leaves two
>>perfectly fine options available to them, RSA & ECDSA, plus a new one yet
>>to be added by the CFRG. They have to eventually keep up with things just
>>like everyone else. If they want to be sloppy and keep DSA around, it's
>>not like they couldn't just ignore that part of the eventual TLS 1.3 RFC
>>within their own ecosystem. Everyone else, however, will be fine with the
>>rest.
>
> The problem is that standardization of an algorithm or a technology by
> IETF or IRTF is completely unrelated to the patent/licensing status of
> that algorithm or technology. So unless Certicom comes forward and
> explicitly releases its IPR, most of the vendors would consider the
> patended and therefore toxic. I know I would. And forcing those vendors to
> spend money on licensing isn’t going to work (recall RSA).
>
> This would be a strong reason to hold on to DSA until the ECC patents
> expire. (Like it happened with RSA.)

And what patents are you concerned about, and when were they issued?

>
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-- 
"Man is born free, but everywhere he is in chains".
--Rousseau.

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