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IPR update

IPR update. Contributors with disclosed patent rights Xiph.org (4 US provisional applications) Broadcom (1 patent, 2 US provisional applications) Skype (1 US utility application w/ international counterparts) all in compliance w/ my interpretation of RFC 3979

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IPR update

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  1. IPR update • Contributors with disclosed patent rights • Xiph.org (4 US provisional applications) • Broadcom (1 patent, 2 US provisional applications) • Skype (1 US utility application w/ international counterparts) • all in compliance w/ my interpretation of RFC 3979 • Non-contributors w/ disclosed patent rights • Voluntary disclosure(!) • Qualcomm (6 granted patents, RAND terms) • In compliance with RFC 3979

  2. IPR policy reminder • IETF (and its working groups) takes no position on validity, utility, or applicability of patent claims • IETF (and its working groups, including Codec) have no mandatory licensing requirements. • Disclosures are made against snapshots of drafts and against RFCs, and (in most cases) stay on record.

  3. Way forward (1) • Unwise to discuss patent rights in public • Willful infringement (less an issue since 2008, but many conservative legal groups are still cautious) • Forcing the hand of rightholders (before equitable theories such as laches/estoppel render rights unenforceable) • Strong preference of many participants not to discuss claim language on the IETF list. • Those who want to discuss, create your own non-IETF list.

  4. Way forward (2) • Depending on language of disclosure, disclosure can relate to optional parts, examples, etc. etc. of a specification—anything that’s in a draft • Due to nature of spec development, conceivably, Opus v5 may draw in a particularly high number of patent claims • Perhaps reconsider mode of development • Perhaps remove all mechanisms related to automated mode changes • Perhaps split doc and code into normative (very concise) bitstream syntax and decoder operation, plus informative “test model” covering everything else

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