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Subject: Re: [saml-dev] FW: A change to the RSA licensing process for SAML implementers
I sent this comment in reply to the original e-mail sent to SSTC list. But I received an error (perhaps because I am not a Member of SSTC). So, I'm now sending it to saml-dev list: Rob, It is a good news that the licensing process become easier. It seems to me (not a legal expert) that there is another change. Under the previous IPR statement, licensees are required to grant to RSA a RF license to patents "with respect to the SAML specifications". Now, under the new IPR statement, licensees can't assert "any patent claims" against RSA, i.e. including those unrelated to SAML. Am I reading correctly? Toshi --- NISHIMURA Toshihiro (FAMILY Given) nishimura.toshi@jp.fujitsu.com STRATEGY AND TECHNOLOGY DIV., SOFTWARE UNIT, FUJITSU LIMITED At Fri, 12 May 2006 15:22:57 -0400, Philpott, Robert wrote: > ________________________________ > > From: Philpott, Robert > Sent: Thursday, May 11, 2006 7:30 PM > To: security-services@lists.oasis-open.org > Cc: Philpott, Robert > Subject: A change to the RSA licensing process for SAML implementers > > > > Hi all, > > > > As you all should know, RSA Security's IP declaration for SAML described > a licensing process that required downloading a license from the RSA > Security web site, getting it signed, and mailing it back to RSA's legal > office. I've been working on getting this changed for quite a long time > (months) and finally achieved success last week! We have now switched > to the common "defensive suspension" style of licensing, for example > like that used by AOL for SAML. > > > > I notified OASIS of the change on 27-April. I've been waiting for them > to post the new statement to the SSTC IPR page before announcing it, but > since there's been a bit of discussion on IP licensing (mentioning SAML) > on the chairs list and over at Liberty, we concluded we should go ahead > and update everyone. > > > > The text of the new statement is attached below. As I said, it should > be posted to the IPR page very soon (anyone at OASIS listening?)... > > > > Cheers, > > Rob Philpott > Senior Consulting Engineer > RSA Security Inc. > Tel: 781-515-7115 > Mobile: 617-510-0893 > Fax: 781-515-7020 > Email: rphilpott@rsasecurity.com <mailto:mrphilpott@rsasecurity.com> > I-name: =Rob.Philpott <http://public.xdi.org/=Rob.Philpott> > > To: OASIS Executive Director > > > > From: Robert P. Nault, Senior Vice President and General Counsel, RSA > Security Inc. > > > > Date: April 27, 2006 > > > > Subject: Intellectual Property Rights Statement > > > > In previous correspondence dated December 6, 2004, January 20, 2003 and > April 22, 2002, RSA Security Inc. ("RSA") disclosed that it is the > assignee of U.S. Patent Nos. 6,085,320 and 6,189,098, both entitled > "Client/Server Protocol for Proving Authenticity" and U.S. Patent Nos. > 5,922,074 and 6,249,873, both entitled "Method of and Apparatus for > Providing Secure Distributed Directory Services and Public Key > Infrastructure" (collectively, the "RSA Patents"). At that time, RSA > believed that these four patents could be relevant to practicing certain > operational modes of the OASIS Security Assertion Markup Language > ("SAML") specifications. In the correspondence, RSA offered to grant > non-exclusive, royalty-free licenses on a non-discriminatory basis for > the RSA Patents. > > > > In the interest of encouraging deployment of SAML-based technologies, > RSA hereby covenants, free of any royalty, that it will not assert any > claims in the RSA Patents which may be essential to the SAML standard > v1.0, 1.1 and 2.0 (hereinafter "NECESSARY CLAIMS") against any other > entity with respect to any implementation conforming to the SAML > standard v1.0, 1.1 and/or 2.0. This covenant shall become null and void > with respect to any entity that asserts, either directly or indirectly > (e.g. through an affiliate), any patent claims or threatens or initiates > any patent infringement suit against RSA and/or its subsidiaries or > affiliates. The revocation of the covenant shall extend to all prior > use by the entity asserting the claim. > > > > RSA will continue to honor existing license agreements for the RSA > Patents and will continue to offer as an option to interested third > parties the same licensing arrangement described in our previous > correspondence. (The license agreement, along with instructions for > obtaining and completing the license, are available on RSA's website > www.rsasecurity.com <http://www.rsasecurity.com/> .) > > > > RSA welcomes comments on this statement and looks forward to further > collaboration with OASIS
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