[governance] Verisign's Patent Application for the Transfer of DNSSEC Domains

[David Conrad]

Roland,

On Oct 9, 2012, at 5:36 AM, Roland Perry <roland at internetpolicyagency.com> wrote:
> In message <A0615421071EDD4A9F851117D67D538A7EEC935A at EXCH01.KDBSystems.local>, at 15:52:20 on Mon, 8 Oct 2012, Kerry Brown <kerry at kdbsystems.com> writes
>> I don?t know enough about patent law to know how broad the implications of this are. If this application is successful would it apply to all transfers of DNSSEC enabled domains
> 
> I always understood that the IETF would not approve processes that relied upon patented technology,

Not quite. The IETF requires folks to disclose IPR claims and their licensing terms during the working group process.  The working group then can decide on whether to include the technology subject to those claims in the working group product. See http://www.ietf.org/ipr/, RFC 3979 and RFC 4879.

In practice, the IETF does tend to strongly avoid technologies that are encumbered with IPR, however sometimes it's necessary (perhaps ironically, DNSSEC was a bit hampered initially in that it relied on patented technology, RSA). The key consideration is typically whether the IPR holder is willing to license their technology in "a) under a royalty-free and otherwise reasonable and non-discriminatory license, or b) under a license that contains reasonable and non-discriminatory terms and conditions, including a reasonable royalty or other payment, or c) without the need to obtain a license from the IPR holder." (from RFC 3979).

> and therefore this would have to be just one way to transfer domains with other "open" methods existing alongside. But I haven't looked into this particular one.

There has been some discussion about published prior art to this particular patent.

Regards,
-drc



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