Close
  • Latest News
  • Artificial Intelligence
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Logo
Logo
  • Latest News
  • Artificial Intelligence
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Home Latest News
    • Servers

    Is Microsoft Ready to Assert IP Rights over the Internet?

    By
    Steven J. Vaughan-Nichols
    -
    November 5, 2004
    Share
    Facebook
    Twitter
    Linkedin

      Has Microsoft been trying to retroactively claim IP (intellectual property) rights over many of the Internets basic protocols? Larry J. Blunk, senior engineer for networking research and development at Merit Network Inc., believes that might be the case.

      Blunk expressed these concerns about Microsofts Royalty Free Protocol License Agreement in a recent note to the IETFs Intellectual Property Rights Working Group. Specifically, Blunk suggested that Microsoft seemed to be claiming IP rights to many vital Internet protocols. And by so doing, “Microsoft is injecting a significant amount of unwarranted uncertainty and doubt regarding non-Microsoft implementations of these protocols,” Blunk said.

      Blunk pointed out that Microsoft is claiming some form of IP rights over “a total of 130 protocols which Microsoft is offering for license.”

      “Many of the listed protocols are [IETF] RFC [request for comment] documents, including but not limited to the core TCP/IP v4 and TCP/IP v6 protocol specifications,” he said in his note.

      Some of the RFC protocols that Microsoft asserts that it may have IP rights over, such as the TCP/IP protocols and the DNS (Domain Name System), form the very bedrock of the Internets network infrastructure.

      “Microsoft does not specify how this list of protocols was derived and to what extent they have investigated their possible rights holdings over these protocols,” Blunk said. “The list appears to be a near but not completely exhaustive list of public protocols implemented in Microsoft products.

      “It is quite likely that an individual or organization would be intimidated into signing the license agreement simply due to Microsofts vast financial and legal resources,” he said. “Further, because Microsoft provides no reference to any proof of applicable rights holdings [such as patent numbers], it is impossible to ascertain whether Microsoft indeed has legitimate rights holdings.”

      Does Blunk, who is an engineer, have a legitimate point with his IP legal concerns? Several lawyers said they think he does.

      Next Page: The Sender ID matter.

      Sender ID

      Lawrence Rosen, a partner in the law firm Rosenlaw & Einschlag and author of “Open Source Licensing: Software Freedom and Intellectual Property Law,” said he thinks Blunk “raises very interesting and important questions.”

      “As much as I can tell, this is the same license that the open-source community found unacceptable in the Sender ID matter,” Rosen said. “Microsoft now seems to be imposing that agreement on many other potential IETF standards.

      “This is probably Microsofts strategy, to impose licensing friction in the open-source distribution process,” he said. “IETFs failure to respond appropriately to the Sender ID proposal has left the door wide open for this mischief.”

      /zimages/2/28571.gifClick here to read about how the IETF shut down the MARID (MTA Authorization Records in DNS) working group because of Sender ID concerns.

      Glenn Peterson, an IP attorney and shareholder with Sacramento-based law firm McDonough Holland & Allen, agreed with Blunk “It is not clear to what degree, if any, that Microsoft has enforceable intellectual property rights in the 130 protocols identified in the so-called royalty-free license agreement.”

      “Thus, by signing the agreement as it presently stands, one might be agreeing to certain things gratuitously, meaning simply that the licensee agrees to give Microsoft continuing control over how the protocols are used,” Peterson said. “Among other things, the agreement gives Microsoft ongoing control over enhancements and updates, including the right to charge a license for them in the future.”

      “The Technical Documentation compliance requirement ensures that Microsoft maintains control over interoperations and improvements to the protocols,” he said, adding that this is of even more concern. “Basically, it prohibits researchers from making enhancements designed to improve interoperative performance.”

      Moving along, Peterson said, “The agreement also allows Microsoft to terminate the licensee on 30 days notice, and subjects the licensee to the jurisdiction of Washington state courts. It further provides that Microsoft recover legal fees incurred in any dispute over the agreement.”

      What this all adds up to is that the “lack of specificity of rights holdings combined with the restrictive requirements of the agreement are both cause for concern and require further discussion,” Peterson said. “Without refinement and clarification of the rights actually conveyed in the agreement, licensees may be shackling themselves with significant contractual burdens that would not apply in the public domain.”

      “To me, this looks a lot like Tom Sawyers unpainted fence. Thought to be a grand opportunity at first, Huck Finn soon realized that he was just painting someone elses fence for free,” Peterson said.

      Microsoft, however, has said it believes the issue is really just a misunderstanding.

      “Microsoft is aware of the letter to the IAB and is working on a response to the concerns raised by the letter author and on providing clarity about our participation in standards-setting activities,” said Mark Martin, a Microsoft spokesperson. “In the end, we believe this is simply a misunderstanding which we are working hard to clarify.”

      /zimages/2/28571.gifCheck out eWEEK.coms for Microsoft and Windows news, views and analysis.

      Steven J. Vaughan-Nichols
      I'm editor-at-large for Ziff Davis Enterprise. That's a fancy title that means I write about whatever topic strikes my fancy or needs written about across the Ziff Davis Enterprise family of publications. You'll find most of my stories in Linux-Watch, DesktopLinux and eWEEK. Prior to becoming a technology journalist, I worked at NASA and the Department of Defense on numerous major technological projects.
      Get the Free Newsletter!
      Subscribe to Daily Tech Insider for top news, trends & analysis
      This email address is invalid.
      Get the Free Newsletter!
      Subscribe to Daily Tech Insider for top news, trends & analysis
      This email address is invalid.

      MOST POPULAR ARTICLES

      Latest News

      Zeus Kerravala on Networking: Multicloud, 5G, and...

      James Maguire - December 16, 2022 0
      I spoke with Zeus Kerravala, industry analyst at ZK Research, about the rapid changes in enterprise networking, as tech advances and digital transformation prompt...
      Read more
      Applications

      Datadog President Amit Agarwal on Trends in...

      James Maguire - November 11, 2022 0
      I spoke with Amit Agarwal, President of Datadog, about infrastructure observability, from current trends to key challenges to the future of this rapidly growing...
      Read more
      Cloud

      IGEL CEO Jed Ayres on Edge and...

      James Maguire - June 14, 2022 0
      I spoke with Jed Ayres, CEO of IGEL, about the endpoint sector, and an open source OS for the cloud; we also spoke about...
      Read more
      IT Management

      Intuit’s Nhung Ho on AI for the...

      James Maguire - May 13, 2022 0
      I spoke with Nhung Ho, Vice President of AI at Intuit, about adoption of AI in the small and medium-sized business market, and how...
      Read more
      Applications

      Kyndryl’s Nicolas Sekkaki on Handling AI and...

      James Maguire - November 9, 2022 0
      I spoke with Nicolas Sekkaki, Group Practice Leader for Applications, Data and AI at Kyndryl, about how companies can boost both their AI and...
      Read more
      Logo

      eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Advertisers

      Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

      Advertise with Us

      Menu

      • About eWeek
      • Subscribe to our Newsletter
      • Latest News

      Our Brands

      • Privacy Policy
      • Terms
      • About
      • Contact
      • Advertise
      • Sitemap
      • California – Do Not Sell My Information

      Property of TechnologyAdvice.
      © 2022 TechnologyAdvice. All Rights Reserved

      Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.

      ×