[Members] Patents and Copyright in XEPs

Winfried Tilanus winfried at tilanus.com
Sun Mar 2 09:06:07 UTC 2014

On 01/22/2014 04:29 PM, Arc Riley wrote:

old thread alert

> On Wed, Jan 22, 2014 at 9:38 AM, Dave Cridland <dave at cridland.net
> <mailto:dave at cridland.net>> wrote:
>     We could accept contributions of patents, but that would mean having
>     to defend them, which in turn imposes legal fees on us, which in
>     turn means we need to ensure we have revenue sufficient to cover these.
> I would be in strong favor of re-donating any patents gifted to the XSF
> to the Open Invention Network; http://www.openinventionnetwork.com/
> They are already established to manage "free for the community" patents
> while using their patent pool only defensively.  Its a pretty good setup
> overall.
> Several companies close with XSF have already pledged patent pools of
> their own to the OIN, including patents which may directly apply to XMPP.

First of all: maybe it is good to do some disclosure on the patents you
are talking about here...

I have been thinking about re-donating patents to the ION for some time
and have been investigating the OIN, but the problem is that the ION
patents are used to defend Linux, not XMPP. So in the current state of
things re-donating a patent to the OIN would be a donation of the XMPP
community to the linux community. That would have no benefit in the form
of using those patents as defensive measure against other patent claims
against XMPP.

If we want to use patents as defensive measure against other patent
claims, we either must convince the ION to use their patent pool also
for the protection of XMPP or we must set up an own patent pool for
defending XMPP. Both seem unlikely to happen to me.

So the conclusion if this discussion still is, imho, that we should use
the IETF approach and then await what happens. That would be the most
straightforward and easy thing to do right now.


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