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RE: [PP-DIALOG] An LOA draft addressing some but not all issues on the table at PatCom

Don –


After speaking with numerous IEEE members, it would be a mistake to interpret silence as consent.  It would be more accurate to interpret it as dismay that issues where consensus clearly does not lie continue to be debated at PatCom.  Also, some issues have been repackaged, such as suggesting there is consensus that “corporate knowledge” as applied to disclosures has support.


Everyone is extremely busy right now addressing IPR issues in numerous SDOs and government settings, especially with the accelerated scheduled being promoted at ETSI to revise its IPR policy.  Perhaps some large companies have knowledgeable resources to actively participate at all venues and accommodate all schedules.  We do not, and I expect many other IEEE members interested in the IPR policy issues also do not.


Last, I believe IEEE procedures allow that oral statements at PatCom to carry the same weight as written submissions.  Please advise the reflector if this is incorrect.


Best regards,


Kent Baker    


From: Don Wright []
Sent: Saturday, February 18, 2006 12:04 PM
Subject: Re: [PP-DIALOG] An LOA draft addressing some but not all issues on the table at PatCom


Just a reminder that in the operation of committees like PatCom, it is a reasonable and widely used assumption that a lack of comments means agreement.

On February 8th, I posted a draft LOA which contained language dealing with a subset of the issues on PatCom's table.  To date, no one has raised any concerns.  We will interprete a continued lack of comments to be agreement.  Further, given the significant time that will have elapsed between the posting of this document and the March 27th PatCom meeting, the chair will not entertain discussion on this subject from guests at the meeting who have not thoroughly stated a position, including justification for that position, on the pp-dialog e-mail list.  I suppose you could say that this is my version of "speak now or forever hold your peace."

 Don Wright            
 Director of Standards
 Lexmark International           Past Chair, IEEE SA Standards Board
 740 New Circle Rd               Chair, Patent Committee IEEE SASB
 Lexington, Ky 40550             Member-at-large, IEEE CS SAB
 859-825-4808 (phone)            Member, IEEE-ISTO Board of Directors
 603-963-8352 (fax)              Member, W3C Advisory Committee