IFX Mail Archive: Re: IFX> The long awaited IP statement fro

IFX Mail Archive: Re: IFX> The long awaited IP statement fro

Re: IFX> The long awaited IP statement from Adobe.

From: don@lexmark.com
Date: Fri Dec 13 2002 - 10:42:03 EST

  • Next message: Rick Seeler: "RE: IFX> The long awaited IP statement from Adobe."

    Rick:

    There are several issues with this IP statement from Adobe that concern
    Lexmark.

    1) This grant is only for the small part of PDF that is PDFax or PDF/is.
    In order to achieve the largest possible number of implementations, this
    license should allow both printers and PDF creators to create and consume
    as much of PDF 1.4 as possible. It seems clear to me that if Adobe
    provides a Royalty Free patent for all of PDF 1.4 then, at least the
    printer manufacturers, would have additional incentive to support PDF/is as
    the market for it grows. This broader license would seem to be consisted
    with Adobe's publicly stated goal to broaden support for PDF wherever
    possible.

    2) The field of use restriction stated in:

    "Accordingly, Adobe agrees to provide a Royalty Free License to all Essential Claims solely for the purpose of implementing the IPP FAX Standard."

    will prevent the implementation of IPPFax by members of the Free Software
    Foundation whose work is licensed under the GNU General Public License.
    According to Professor Eben Moglen of Columbia University Law School,
    General Counsel of the Free Software Foundation:

    "Section 7 of the GNU GPL is intended to prevent the distribution of
    software which appears to be Free (because it is released under a copyright
    license guaranteeing the freedoms to use, copy, modify, and redistribute)
    but which cannot, in fact, be modified and redistributed because of patent
    license restrictions that limit the use of patent claims practiced by the
    software to a particular purpose. Though other Free Software licenses may
    not happen to contain provisions equivalent to GPL's Section 7, this does
    not imply that programs released under those licenses will be Free Software
    if the patent claims contributed "royalty-free" to the standard those
    programs implement are limited to a particular field of use."

    Considering that one of the major providers of IPP, CUPS, is licensed under
    GNU GPL, this field of use restriction is a major issue.

    3) All references to "IEEE Printer Working Group" and the like should be
    changed to "The Printer Working Group, a program of the IEEE-ISTO" when
    first referenced and then just to "Printer Working Group" subsequently.

    This list may not be exhaustive. Review by Lexmark legal counsel has not
    happened yet. This is simply my review. We are continuing to review it.

    **********************************************
     Don Wright don@lexmark.com

     Member, IEEE SA Standards Board
             PatCom Chair, SCC Liaison
     Member, IEEE-ISTO Board of Directors
     f.wright@ieee.org / f.wright@computer.org

     Director, Alliances & Standards
     Lexmark International
     740 New Circle Rd
     Lexington, Ky 40550
     859-825-4808 (phone) 603-963-8352 (fax)
    **********************************************

    "Rick Seeler" <rseeler@adobe.com>@pwg.org on 11/15/2002 08:05:29 PM

    Sent by: owner-ifx@pwg.org

    To: <ifx@pwg.org>
    cc:
    Subject: IFX> The long awaited IP statement from Adobe.

    IFXers,

    Here is the IP statement Adobe has created specifically for the PWG with
    respect to the use of PDF in an IPPFAX specification.

    Let me know if you have any questions.

    -Rick

    (See attached file: Patent Clarification IEEE v1a.pdf)





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