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Cisco Applies For Patents To Secured TCP
An anonymous reader writes "Following the recent excitement over a potential vulnerability in TCP, Cisco's "Worldwide Patent Counsel", Robert Barr, has let it be known that they have pending patent applications for one or more of the IETF recommendations for improving TCP's security. KernelTrap has the full details."
Rather than guess, I asked Robert Barr himself if I could get a license for the Linux Kernel Project, and this is what he said:
Hi Nathan There is no patent and there is no standard, so it's a bit premature.
But if a patent does issue and a standard is approved, this is our policy
Cisco will not assert any patents owned or controlled by Cisco against any party for making, using, selling, importing or offering for sale a product that implements IETF RFCXXXX, provided, however that: Cisco retains the right to assert its patents (including the right to claim past royalties) against any party that asserts a patent it owns or controls (either directly or indirectly) against Cisco or any of Cisco's affiliates or successors in title; and Cisco retains the right to assert its patents against any product or portion thereof that is not necessary for compliance with RFC XXXX.
Royalty bearing licenses will also be available as an option.
Please let me know if you have any questions.
Robert Barr
Okay, I got this back:
On May 12, 2004, at 12:46 PM, Robert Barr wrote:
> Okay, I get that point now, but is there anything stopping Cisco from
> asserting its patents just for the hell of it?
Yes, my written statement above would stop us. I can turn it into a contract if that is necessary, but I don't think it is. Anybody who relies on that statement is protected, but I guess they should consult their own lawyer.
> You say that Cisco will only assert its patent against someone who
> tries to assert a patent against Cisco, but what is stopping
> Cisco from just doing it anyway?
see above.
> ie, the methods are integrated into the Linux Kernel TCP/IP stack and
> gain wide acceptance, and Cisco then sees value in trying to claim that
> all users of Linux need to pay Cisco a licensing fee of $200 per CPU to
> use the proprietary, patented methods included in Linux.
>
> I know its far-fetched, but 3 years ago, anyone saying that SCO would
> try to claim ownership of Linux would be laughed at.
SCO never made a statement like I did
> What agreement can open source projects enter into with Cisco to ensure
> that the above is legally impossible?
I'll execute an agreement with those terms if necessary
> Lastly, the GPL states:
>
> "Finally, any free program is threatened constantly by software
> patents. We wish to avoid the danger that redistributors of a free
> program will individually obtain patent licenses, in effect making the
> program proprietary. To prevent this, we have made it clear that any
> patent must be licensed for everyone's free use or not licensed at
> all."
Prof Eben Moglen says this about GPL, I think it applie
"Section 7 prohibits distribution under GPL if you cannot fulfill the requirements of the license because of other conditions *imposed* on you by, among other things, a judgment of patent infringement, interim measures short of judgment, such as a preliminary injunction, or contractual limitations such as non-disclosure agreements or patent licenses. But you are not unable to distribute under GPL unless those requirements have been *imposed*. Until a particular party distributing GPL'd code has either accepted a license whose requirements are incompatible with GPL or has been ordered by a court of competent jurisdiction to do or refrain from doing in a fashion incompatible with GPL, there is no direct conflict with the requirements of the license, and no requirement to refrain from distribution. With regard to patents, in particular, no one *ever* has an obligation to refrain from making, using or selling technology that *may* practice patent claims solely because someone somewhere has taken a patent, claims to have a patent, or even publishes a license. Only the demand that you in particular take a license or cease infringing triggers theoretical liability under US patent law. Whether there can be liability for damages for the period before such notification is another question, legitimately of importance to those who commercially distribute free software, but not ordinarily of significance to those who develop only, or who distribute non-commercially.
Moreover, patents are not global, only local. To say that we cannot *develop* under GPL because a patent exists in country X, and a license has been published there to which those making, using, or selling in country X *might* be asked to subscribe would go much too far. That situation certainly does not prevent development elsewhere, and distribution under GPL can certainly proceed."
***
> So, for any GPL software use Cisco's methods, Cisco will need to
> provide a guarantee that under the GPL, any future patent for these
> methods will be free for use by that GPL software.
>
> Just taking your word for it that Cisco won't assert it's patent in the
> future isn't goo
Dream on:
- USPTO Grants CA Lawyer Domain-Naming Patent
- Patent Granted on Sideways Swinging
- Patent On Software Downloads Upheld
and to sum it all up:
- Enter The 'Stupid Patent Tricks' Contest
Disclaimer: This opinion was created without the use of any facts