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From Davanum Srinivas <dava...@gmail.com>
Subject Re: IBM and WS-Security
Date Fri, 24 Jun 2005 14:22:08 GMT

In this specific case, Microsoft has not divulged which patent(s) if
any are infringed upon. In the case of IBM and Verisign, from their
legal counsel we know that there are no patents involved on their
side. For microsoft's initial response to my question on specific
patents, see (http://lists.oasis-open.org/archives/wss/200506/msg00123.html).
I think i finally managed to get through to a key decision maker there
- Andrew Layman. Hopefully, we will hear something one way or another.

Also note that this affects the existing Apache WSS4J project and not
just the TSIK incubation.

If there is FUD in IPR statements to the OASIS TC with no specific
patent # and general statements and an offered license. Can we claim
ignorance? (How about after doing a patent search on the USPTO site?)


one more item on your plate. Need to drive the Reviews for other
Apache projects:

-- dims

On 6/24/05, William A. Rowe, Jr. <wrowe@rowe-clan.net> wrote:
> At 09:15 PM 6/23/2005, Davanum Srinivas wrote:
> >I was told that Apache will *NEVER* allow such a disclaimer/verbiage
> >on *ANY* project and the incubation was cancelled. See
> >http://marc.theaimsgroup.com/?l=incubator-general&w=2&r=1&s=opensaml
> >for all the gory details.
> >
> >I myself don't know why web services projects are getting this special
> >attention.
> Any project that has these sorts of known encumbrances would
> receive special attention (or be canceled outright.)  If WS
> have been called out (I don't think they were) then it's only
> because the IP claims have been more widely debated.
> Once we know of an encumbrance, the ASF can:
>  * obtain appropriate (ASL compatible) license/use grants
>    from the IP holder
>  * modify the project to avoid any encumbered use of the IP
>  * cancel the project
> In this project's case, are we aware of a probable conflict
> by a patent from MSFT?  In that case, examine that patent to
> determine if we can avoid encumbrance, while asking MSFT for
> permission at the same time.  If neither can be satisfied,
> there is no project.
> IANAL, but to become aware of and still not review a known patent
> is not going to mitigate excessive damages and penalties.  Only
> honest ignorance that such a patent even existed can mitigate
> the claims by the IP holder.
> Bill

Davanum Srinivas -http://blogs.cocoondev.org/dims/

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