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MS Releases License For Sender-ID

Posted by michael on from the embrace-and-patent dept.

NW writes "Microsoft published today a new license and FAQ for Sender-ID anti-spam standard being developed by the IETF's MARID WG (based on SPF). To use the license, a signed agreement with MSFT is required. Compatability with the Open Source Definition, the Free Software Definition, the Debian Free Software Guidelines, and the GPL/LGPL licenses is already in question."

1 of 242 comments (clear)

  1. MS FAQ regarding issue by Anonymous Coward · · Score: 5, Informative

    FAQ for Microsoft's
    Royalty-Free Sender ID Specification License
    Microsoft Corporation
    August 2004
    Q1: What is the purpose of the patent license?
    A1: The adoption of Sender ID is important for the industry and Microsoft wants to facilitate the
    adoption of the standard by licensing its necessary patent rights on a royalty free basis and
    encouraging others to license their patent rights that cover the Sender ID specification similarly
    on a royalty-free basis. That is why Microsoft's license includes all of Microsoft's current and
    pending patent rights that are necessary to implement the Sender ID specification not just the
    pending patent application claims Microsoft is currently aware of.
    Q2: Doesn't having a patent on Sender ID complicate the process of getting it adopted as
    an IETF standard?
    A2: No. It should not. There are dozens and dozens of patent rights that have been disclosed to
    the IETF that may cover IETF standards. See http://www.ietf.org/ipr.html for a complete list. We
    are not aware of any of these patents complicating the standards process especially where the
    patent owner has provided an assurance that it would make licenses available on a royalty-free
    basis with other reasonable and non-discriminatory terms and conditions as Microsoft has done
    here.
    Q3: Why is Microsoft asking people to take a license?
    A3: In order to promote Sender ID, Microsoft is pleased to offer its necessary Sender ID patent
    rights on a royalty-free basis but only to those who are also willing to make their Sender ID
    patents available on a reciprocal royalty-free basis. The license is also important to Microsoft for
    defensive reasons. The reciprocity provisions and the ability to reserve defensive rights for
    Microsoft's implementations of standards are very important elements in our decision to
    contribute technology to standards.
    Q4: When do I need to execute a license with Microsoft?
    A4: At this time Microsoft is only aware of pending patent application claims that cover its
    submission of the Sender ID specification. Because Microsoft is not aware of any issued patent
    claims, Microsoft does not require any one to sign a license with Microsoft to implement the
    Sender ID specification or any part of it that is incorporated into IETF working drafts. In
    conformance with the IETF IPR policy Microsoft has disclosed the existence of those pending
    patent claims and has provided its assurance that if such claims are granted Microsoft will make
    licenses available on reasonable and non-discriminatory terms. Microsoft has also gone beyond
    the IETF's requirements by clarifying that its licenses will require no fees or other royalties, and
    further, to make a license available to early adopters who wish at their option to clarify their rights
    with Microsoft with respect to early implementations. Typically patent holders do not make their
    license terms available until after the standard has been adopted and until after their patent
    claims have been granted, leaving early implementers to speculate as to the ultimate terms of the
    license.
    Q5: What do I need to do for binary and/or source code distribution?
    A5: Many open source licenses require you to include copyright notices distributed in the code
    itself identifying the authors of the code being distributed. Some open source licenses also
    require you to include the license under which you received the code with the code that you
    distribute so that downstream users of the code are made aware of the terms and conditions
    under which they can use the code. Microsoft does not require any notice or other attribution
    when you disclose or distribute your implementation in binary form. However, if you disclose or
    distribute your implementation in source code form, we think it is important for you to include a
    patent attribution (from sec. 2.2 of our royalty-free patent license) in your source code and in
    close proximity to the license under which you make your sou