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- From: Dominic Dunlop <domo@tsa.co.uk>
-
- >From: jsh@usenix.org (Jeffrey S. Haemer) quoting Randall Howard
- >
- > The ramifications [of the fact that the LZ and LZW compression
- >algorithms are patented ] for POSIX.2a are unclear. Currently, there
- >are members of the working group that say that they would object if a
- >patented >algorithm were required by the standard if ANY FEE WHATSOEVER
- >(even if $1) were required to use it. (There are, however, precedents
- >for standards working in areas of patents in such areas as networking,
- >modems, and hardware bus structures. It appears that we software people
- >have not "grown up" as much when it comes to issues of licensing.
-
- For the record, from (normative) Annex A of IEC/ISO Directives -- Part 2:
- Methodology, 1989:
-
- If, in exceptional cases, technical reasons justify the preparation
- of an International Standard in terms which include that use of a
- patented item, there is no objection in principle to such a step,
- even if the terms are such that there is no alternative means of
- compliance. In such a case, the following procedures shall be
- complied with.
-
- a) ISO and IEC cannot give authoritative or comprehensive information
- about evidence, validity and scope of patent and like rights but it
- is desirable that the fullest information be disclosed. Therefore
- the originator of a proposal of such a kind shall draw the technical
- committee's or subcommittee's attention to any known patent and like
- rights on a worldwide basis or any known pending applications,
- although ISO and IEC are not in a position to guarantee the authority
- of any such information.
-
- b) If the proposal is accepted on technical grounds, the originator
- shall ask any known patent holder for a statement that he would be
- willing to negotiate licences under patent and like rights for
- applicants throughout the world on reasonable terms and conditions.
- A record of the patent holder's statement shall be placed in the
- files of the ISO Central Secretariat or the IEC Central Office, as
- appropriate, and shall be referred to in the relevant international
- standard. If the patent holder does not provide such a statement,
- the technical committee shall not proceed with the inclusion of the
- patented item unless the respective Council gives permission.
-
- c) Should it be revealed after publication of the International
- Standard that licences under a patent and like rights cannot be
- obtained under reasonable terms and conditions, the International
- Standard shall be referred back to the technical committee for
- further consideration.
-
- (The Councils of IEC and ISO are defined as ``the ultimate authority for
- the technical work...'')
-
- And from section 7, IEEE Standards Manual, April 1988:
-
- 7. Patents
-
- There is no objection in principle to drafting a proposed IEEE standard
- in terms that include the use of a patented item, if it is considered
- that technical reasons justify this approach.
-
- 7.1 Disclaimer
-
- The following note shall appear in all IEEE standards:
-
- ``IEEE standards documents are adopted by the Institute of Electrical
- and Electronic Engineers without regard to whether their adoption may
- involve patents on articles, materials, or processes. Such adoption
- does not assume any liability to any patent owner, nor does it assume
- any obligation to any parties whatever adopting the standards
- documents.''
-
- (This note duly appears in IEEE Std. 1003.1:1988, facing the title page.)
-
- Think I prefer ISO's cautious but realistic approach to the IEEE's mere
- shrugging off of any blame for any consequences whatever of any action it
- cares to take.
- --
- Dominic Dunlop
-
- Volume-Number: Volume 20, Number 109
-
-