RFC 1822 INFORMATIONAL LEGAL · PATENTS

A Grant of Rights to Use a Specific IBM patent with Photuris

A public record of IBM's patent license for key management

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PUBLISHED
August 1995
AUTHORS
J. Lowe
STREAM
Legacy
PATENT NUMBER
U.S. Patent 5,148,479
LICENSE SCOPE
Photuris implementations over IP
COST
No royalty
DOI
10.17487/RFC1822

RFC text

Contents
Original text · RFC Editor View on rfc-editor.org ↗
Network Working Group                                            J. Lowe
Request for Comments: 1822                                           IBM
Category: Informational                                      August 1995


      A Grant of Rights to Use a Specific IBM patent with Photuris

Status of this Memo

   This memo provides information for the Internet community.  This memo
   does not specify an Internet standard of any kind.  Distribution of
   this memo is unlimited.

Note:

   This RFC is NOT a standard. It is an official public record of a
   grant by IBM Corporation for the use of a specific IBM patent in
   conjunction with the Photuris key management protocol.

Purpose

   This Request for Comments records a grant by IBM Corporation to
   permit the conditional free use of one of its patents.  This grant is
   made to help facilitate adoption of the Internet Key Management
   Protocol contribution IBM has offered to the IETF. It should be noted
   that the confirmatory license mentioned is optional.  The grant is
   made in this RFC and parties have it even if they do not request a
   confirmation from IBM.

A Grant of Rights to Use IBM US Patent 5,148,479

   IBM hereby covenants that it will not assert its US Patent 5,148,479
   or its non-US counterparts against any party that implements Photuris
   or any derivative that includes IBM's IKMP contribution, and operates
   in compliance with Photuris or such derivative, when Photuris or such
   derivative is employed in connection with any Internet Protocol.

   This grant of rights will terminate with respect to any party that
   asserts a patent it owns, directly or indirectly, against IBM for
   IBM's implementation of and operation in compliance with Photuris or
   any derivative, as defined above.  The termination will occur as of
   the date the patent is asserted against IBM.

   A written confirmation of this grant, and/or a license under any
   other IBM patent under IBM's then-current terms, conditions and
   royalty rates, can be obtained by sending a request to:

           John W. Lowe
           IBM Corporation
           500 Columbus Avenue
           Thornwood, New York  10594

Security Considerations

   The referenced protocol is a security-related protocol.

Author's Address

   John W. Lowe
   IBM Corporation
   500 Columbus Avenue
   Thornwood, New York 10594
   USA

AI ELI5

On this page
PROBLEMThe IETF needed to know whether IBM's patents would block adoption of the Photuris key management protocol.
MECHANISMIBM publicly granted a free license to use U.S. patent 5,148,479 for any implementation of Photuris over IP, with one condition: the license terminates if anyone asserts a patent against IBM for IBM's use of Photuris.
THE RESULTThe grant removed a barrier to adoption but tied both parties to the specific protocol terms.

§1What This Document Is

RFC 1822 is not a technical specification; it is a legal notice. It records a public grant from IBM Corporation, allowing anyone to use IBM U.S. Patent 5,148,479 without paying royalties, provided they implement the Photuris key management protocol and comply with its terms.

The purpose is to remove a patent obstacle to Internet adoption of Photuris, which IBM had contributed to the IETF as a key negotiation method.

IBM wrote down that anyone could use one of its inventions for free, as long as they use it the right way.

§2The Grant and Its Conditions

IBM covenants not to assert patent 5,148,479 against anyone who implements Photuris or a derivative that includes IBM's contribution and operates in compliance with the protocol. This applies to Photuris over any Internet Protocol.

The grant has one termination clause: it ceases for any party that asserts a patent of its own (directly or indirectly) against IBM for IBM's implementation of Photuris. The termination date is when that patent assertion occurs.

A written license confirmation from IBM is optional; the grant itself, published in this RFC, constitutes the permission.

IBM promises: use our invention for free as long as you use it right and don't sue us about it.

§3Status Today

Photuris was an early proposal for Internet key management. This patent grant was important in 1995 for lowering legal barriers to its adoption. Later, other key management protocols like IKE became standard. The patent-licensing landscape around encryption has evolved significantly since 1995.

For historical context, this RFC documents IBM's early contribution to the IETF and the free-license model for foundational Internet protocols.

This note showed that big companies could help the Internet grow by agreeing not to charge money for their inventions.