[Members] Patents and Copyright in XEPs

Dave Cridland dave at cridland.net
Sun Mar 2 17:31:24 UTC 2014


If we mandated that patents should be contributed if you contribute (to) a
XEP, wouldn't that mean it was advantageous *not* to contribute?


On 2 March 2014 16:58, Arc Riley <arcriley at gmail.com> wrote:

> The IOT does ride the Linux hype wave in promoting itself, and I agree
> with you that its unfortunate, however if you read their site carefully, by
> "Linux", they are referring to the whole FOSS ecosystem not just the kernel.
>
> We should never have an XEP promoting the use of handshakes, codecs, or
> methods which we know cannot be implemented by FOSS software due to patent
> claim.
>
> If someone makes a patent claim against XMPP, they are making it against
> all the FOSS implementations of it, and thus the IOT should defend it.
>
>
>
> On Sun, Mar 2, 2014 at 9:06 AM, Winfried Tilanus <winfried at tilanus.com>wrote:
>
>> 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.
>>
>> Winfried
>>
>
>
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