Re: [TLS] Document Action: 'TLS Elliptic Curve Cipher Suites with SHA-256/384 and AES Galois Counter Mode' to Informational RFC

[Dean Anderson <dean@xxxxxxx>]

On Fri, 27 Jun 2008, Dan Harkins wrote:

>   Look, no one is "deceiving the internet community"! And I'm not
> encouraging people to knowingly infringe on patents.

It seems you are indeed advocating knowing infringement.  No patent
lawyer would assert you can knowingly infringe a patent because you
merely claimed to be 'uncertain'.

The deception of the internet community is found in the false
representation in the draft, as I previously quoted. There is no 
disclosure for this draft, even though the authors knew the algorithms 
were patented.

> There is no known patent necessary to implement this draft (basically
> ECDH). There may be unknown ones but that possibility exists for most
> every I-D and one cannot disclose the existence of an unknown patent.

Your statement above is plainly not true. RFC4492 has a grant of
permission on patents applying to '4492, and this work certainly uses
algorithms derived from the patented ECC algorithms used in '4492.  
There is no credible argument that this work isn't covered by the same
patents as cover '4492.

>   You're spreading FUD. Please stop.

You're spreading baseless, willful ignorance---which doesn't alter any
facts for any infringement claim. Anyone following your advice and uses
this algorithm without permission, infringes.  You have no credible
basis to assert there is no infringement.  Please stop.

		--Dean

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