Re: Comments on zrtp-03: non-technical

[Philip Zimmermann <prz@xxxxxxx>]

I thought the main issue was the part regarding the disclosure flag.

If it's simply the question of making a free license depend on people  
not suing me for patent infringement, I got that wording from a  
number of other people who said that it was a common element of many  
IPR disclosure statements submitted to the IETF.  I think it's a fair  
trade to require reciprocity in patent usage.  I'm using it  
defensively, which many regard as a reasonable and generous way to  
use a software patent.

-prz

On Mar 19, 2007, at 9:27 AM, Randell Jesup wrote:

> Philip Zimmermann <prz@xxxxxxx> writes:
>
> > Yes, it is unusual.  I'm using unusual methods to achieve a difficult
> > objective.  If anyone has concerns about this, see me.  I'd be  
> > happy  to
> > explain it, and listen to your concerns.  If You have any   
> > suggestions, I'm
> > listening.
>
> One part of the comment that I (IANAL) find confusing is this:
>
> "As used herein, Qualified Parties means a party who has not, does  
> not and
> will not assert, in litigation or otherwise, including in licensing
> discussions, any patent or other intellectual property right  
> against PRZ of
> any nature, or assert the same against any licensee of the libZRTP  
> SDK in
> connection with such licensee's implementation or practice of any IETF
> standard incorporating the ZRTP Technology."
>
> Perhaps lawyers read it differently, but "any patent or other  
> intellectual
> property right against PRZ of any nature" doesn't seem to be  
> limited to
> issues revolving around ZRTP and the IETF spec (as is explicitly  
> done with
> licensees).  So, to give a random example: IBM agrees to use ZRTP.   
> IBM
> cannot now in any way use *any* patent against PRZ.  PRZ is  
> acquired by
> (say) Samsung.  Now IBM can't use *any* patent against Samsung  
> (without
> losing it's license to use ZRTP).
>
> Was this intentional?  Do I read this right?
>
> --
> Randell Jesup, Worldgate (developers of the Ojo videophone), ex- 
> Amiga OS team
> rjesup@xxxxxxxxx
> "The fetters imposed on liberty at home have ever been forged out  
> of the weapons
> provided for defence against real, pretended, or imaginary dangers  
> from abroad."
> 		- James Madison, 4th US president (1751-1836)

----------------------------------------------
Philip R Zimmermann        prz@xxxxxxx
http://philzimmermann.com  tel +1 650 322-7223
(spelled with 2 n's)       fax +1 650 322-7877