RE: [ebxml-dev] Anyone else rather perturbed by IBM'srecentannouncement....

[Dale Moberg <dmoberg@cyclonecommerce.com>]

+1 
[Not all of the published
SOAP IPR claims are RAND; some are RF. But
you are exactly right about the similarity in the
situations. Though not a patent attorney, my reading
of patent 6,148,290 indicates that anyone compiling
and running an IDL specified interface 
that had been publically distributed
would potentially fall under this IPR claim. The 
claims are, even for the current software patent circus,
enormously broad. I think, however, that the CPPA
announcement really just "came out of the blue,"
when most of us had been under the impression 
that we had no IPR encumbrances because what we
were doing was too obvious...]



-----Original Message-----
From: Peter Kacandes [mailto:Peter.Kacandes@Sun.COM]
Sent: Thursday, April 18, 2002 9:21 AM
To: ebxml-dev@lists.ebxml.org
Subject: Re: [ebxml-dev] Anyone else rather perturbed by IBM's
recentannouncement....


On the surface, it sounds like this is no different than the issues with
SOAP.

If I'm not mistaken, MS, IBM, and the rest of the six initiators of SOAP
also 
have IP on that and the licensing terms for SOAP are also RAND.

Nobody seems to be up in arms about SOAP (which would have consequences
for 
ebXML MHS), so how is this different?

Am I missing something?

cheers

pk

>Date: Wed, 17 Apr 2002 20:17:22 -0500
>From: Norman Richards <norman.richards@commerceone.com>
>Subject: Re: [ebxml-dev] Anyone else rather perturbed by IBM's recent 
announcement....
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>> IBM has a patent covering electronic agreements which dates from
before the
>> ebXML CPA work started.  We disclosed it recently in accordance with
OASIS
>> policy which is "reasonable and nondiscriminatory licensing" (RAND).
>
>  This is quite disturbing.  I had no idea OASIS permitted patent abuse
in it's
>process.  This could seriously harm the adoption of ebXML.  
>
>  Can anyone comment on the validity of IBM's claim? 
>
>
>
>
>
>
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Peter Kacandes

Sr. Product Manager, Java XML APIs	phone number: 	408 276 7139,
X17139
Java Software Products 			email:	peter.kacandes@sun.com



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