[Infrastructure] SC70 exclusion notice filled

Dimitris Zacharopoulos (HARICA) dzacharo at harica.gr
Tue Mar 26 10:46:41 UTC 2024



On 26/3/2024 10:39 π.μ., Inigo Barreira wrote:
>
> Yes and no.
>

I don't understand how you gave this interpretation. Your email is out 
of scope of the infrastructure SC charter 
<https://cabforum.org/about/information/infrastructure-committee/>. 
However, I will try to answer your questions as best as I can.

> As indicated at the beginning I know this topic is not related to the 
> infrastructure group as such,
>

Exactly.

> but there are things that need to be discussed, like templates, change 
> the bylaws (i.e., which public group?
>

Discussions for changing the Bylaws must take place at the forum-level 
public mailing list. The infrastructure SC is more oriented to technical 
tasks, not policy. It cannot answer questions about possible 
interpretations of the Bylaws. We have the Forum-level public list for that.

The last part (i.e., which public group) is not very clear to me. What 
is the concern or the question?

> The WG or the forum public list?), PAG formation (at the WG level or 
> general?)
>

If this is a question for how to interpret the Bylaws or the IPR policy, 
it needs to be asked at the Forum-level public list.

> , wiki info, etc.
>

I am not sure I understand what you mean by "wiki info".

> This is just a list of things to discuss, and not all these are for 
> the infrastructure (for example, the change of the bylaws if needed) 
> but some can be considered as a new adding to the handbook to know how 
> to deal with these matters.
>

Since the infrastructure SC is a subset the Forum-level, a simple way to 
approach this is that if you have a list of questions, out of which some 
are in scope of the infrastructure SC and some are not, you must send 
all the questions to the Forum-level list. This will give the 
opportunity for all Members (including the infrastructure SC members) to 
discuss these questions in one mailing list.

If you are not certain whether a question is or is not in scope of the 
infrastructure SC, you can "fail-close" and send to the Forum-level list.

Does that clarify things at least about the scoping of the WGs/SCs?


Thanks,
Dimitris.
>
> *De:*Dimitris Zacharopoulos (HARICA) <dzacharo at harica.gr>
> *Enviado el:* lunes, 25 de marzo de 2024 21:31
> *Para:* Dean Coclin <dean.coclin at digicert.com>; Inigo Barreira 
> <Inigo.Barreira at sectigo.com>; Ben Wilson via Infrastructure 
> <infrastructure at cabforum.org>
> *Asunto:* Re: [Infrastructure] SC70 exclusion notice filled
>
> CAUTION: This email originated from outside of the organization. Do 
> not click links or open attachments unless you recognize the sender 
> and know the content is safe.
>
>
> These matters should be discussed at the respective WG. The 
> Infrastructure subcommittee is not related with this exclusion notice.
>
> Inigo, I suggest you forward these messages to the servercert-wg 
> mailing list and continue the discussion there.
>
>
> Thank you,
> Dimitris.
>
> On 25/3/2024 9:24 μ.μ., Dean Coclin via Infrastructure wrote:
>
>     I think those conclusions have to come from the PAG and
>     unfortunately, not you. They may come to the same conclusions, but
>     it’s better to be done that way.
>
>     I would suggest convening a PAG post haste and work through the
>     issues at hand.
>
>
>     Dean
>
>     *From:*Infrastructure <infrastructure-bounces at cabforum.org>
>     <mailto:infrastructure-bounces at cabforum.org> *On Behalf Of *Inigo
>     Barreira via Infrastructure
>     *Sent:* Monday, March 25, 2024 8:05 AM
>     *To:* Ben Wilson via Infrastructure <infrastructure at cabforum.org>
>     <mailto:infrastructure at cabforum.org>
>     *Subject:* [Infrastructure] SC70 exclusion notice filled
>
>     Hi all,
>
>     I´m sending this email to this group, knowing that this is maybe
>     not the right group to discuss this (I didn´t want to send it
>     first to the management list) but in where we have at least a
>     lawyer (Ben) and an “interested party” which could be Wayne as
>     he´s listed in the patents even not working now for GoDaddy.
>
>     The issue is, as you have read in the email sent to the public
>     list, that an exclusion notice has been filled against ballot
>     SC70. And I have some questions, some regarding the procedure and
>     some others regarding the exclusion notice itself and what we have
>     in the wiki.
>
>     As per the bylaws, section 2.4, item 9 (emphasis mine):
>
>      1. /If Exclusion Notice(s) are filed during the Review Period (as
>         described in Section 4.3 of the IPR Policy), then *the results
>         of the Initial Vote are automatically rescinded and deemed
>         null and void*, and;/
>
>     /a. *A Patent Advisory Group (PAG) will be formed*, in accordance
>     with Section 7 of the IPR Policy, to address the conflict. The PAG
>     will make a conclusion as described in Section 7.3.2 of the IPR
>     Policy, and communicate such conclusion to the rest of the Forum,
>     using the Member Mail List and the Public Mail List; and/
>
>     /b. After the PAG provides its conclusion, if the proposer and
>     endorsers decide to proceed with the Draft Guidelines Ballot, and:/
>
>          1. /The proposer and endorsers do not make any changes to the
>             Draft Guidelines Ballot, such ballot must go through the
>             steps described in Sections 2.4(2) through (4) above,
>             replacing the “Initial Vote” with a “Second Vote.” If a
>             Draft Guidelines Ballot passes the Second Vote, then the
>             results of the Second Vote are deemed to be final and
>             approved. Draft Guidelines then become either Final
>             Guidelines or Final Maintenance Guidelines, as designated
>             in the Draft Guidelines Ballot. The Chair will notify the
>             Public Mail List of the approval, as well as update the
>             public website of Final Guidelines and Final Maintenance
>             Guidelines; or/
>          2. /The proposer and endorsers make changes to the Draft
>             Guidelines Ballot, a new Draft Guidelines Ballot must be
>             proposed, and must go through the steps described in
>             Sections 2.3(1) through (9) above./
>
>     So, independently of the exclusion notice, the ballot is
>     considered null, there´s no new TLS BRs version and a PAG need to
>     be formed. I added this topic to the WG call agenda for next
>     Thursday (I won´t be running the call because I´m on holidays for
>     Easter) and I was going to send an email to the SC public list
>     indicating that the ballot is null (BTW, we don´t have any kind of
>     template to make such communication). Is this the right
>     interpretation of the bylaws?
>
>     OTOH, about the exclusion notice itself. This is what I´ve found
>     that would like to share.
>
>      1. This exclusion notice contains 7 patents
>
>          1. #1 (Method for a web site with a proxy domain name
>             registration to receive a secure socket layer
>             certificate): Created in 2004 (there were no BRs at that
>             time), granted in 2010 and expires in 2017
>          2. #2 (Digital identity registration): Created in 2010,
>             granted in 2011 and expires in 2027
>          3. #3 (Methods and systems for dynamic updates of digital
>             certificates via subscription): Created in 2004 (there
>             were no BRs at that time), granted in 2013 and expires in 2030
>          4. #4 (Website secure certificate status determination via
>             partner browser plugin): Created in 2010, granted in 2015
>             and expires in 2033
>          5. #5 (Systems for determining website secure certificate
>             status via partner browser plugin): Created in 2010,
>             granted in 2015 and expires in 2033
>          6. #6 (Determining website secure certificate status via
>             partner browser plugin) : Created in 2015, granted in 2017
>             and expires in 2031
>          7. #7 (Method and system for managing secure custom domains):
>             Created in 2017, granted in 2018 and expires in 2037. This
>             was initially filed and assigned to Lantirn INC and later
>             to the Bank of Canada. GoDaddy is not listed anywhere.
>
>      2. All these 7 patents include a “no license granted” under
>         column License Grant Election Made
>      3. All of them make a reference to the EVGs, but ballot SC70 does
>         not touch the EVGs but the TLS BRs
>      4. In the wiki IPR Policy Exclusion N... | CABF Wiki
>         (cabforum.org)
>         <https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwiki.cabforum.org%2Fbooks%2Fforum%2Fpage%2Fipr-policy-exclusion-notices&data=05%7C02%7CInigo.Barreira%40sectigo.com%7C63ecc355d89d43f0aa7208dc4d0a78ac%7C0e9c48946caa465d96604b6968b49fb7%7C0%7C0%7C638469954591537768%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=D0YH%2B9nNcF6XJ7sZzeZfc8ZxKhWcHih%2B2Hoc4bIu93w%3D&reserved=0>,
>         there´re some exclusion notices filled but:
>
>          1. Patent #1 declared in this PDF is already listed in the
>             wiki but with a slightly different number but under
>             “willing to license” it says “unstated”.
>
>     GoDaddy
>     <https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwiki.cabforum.org%2Fbooks%2Fsmime-certificate-wg%2Fpage%2Fgodaddy&data=05%7C02%7CInigo.Barreira%40sectigo.com%7C63ecc355d89d43f0aa7208dc4d0a78ac%7C0e9c48946caa465d96604b6968b49fb7%7C0%7C0%7C638469954591555614%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=v%2F9ABG73f82WbHml%2FvKMbdvKm2MdZl3UVHAq9L4BFPk%3D&reserved=0>
>
>     	
>
>     31-July-2012
>
>     	
>
>     US Pat. No.7,702,902
>
>     	
>
>     Unspecified
>
>     	
>
>     Method for a web site with a proxy domain name registration to
>     receive a secure socket layer certificate
>
>     	
>
>     Unstated
>
>          2. Regarding the other patents I think those are new ones.
>          3. In the wiki list, there are some repeated (i.e.,
>             Generating PKI email accounts on a web-based email system)
>             with different patent numbers, which I don´t know if it´s
>             an error or on purpose.
>          4. Clicking on the PDF for the “GoDaddy patent exclusion
>             notice” it goes nowhere, there´s an error because the page
>             is not found. Same happens when you go to Discloser column
>             (first column) and click on GoDaddy
>
>     With all of this, and of course, waiting for the conclusion from
>     the PAG, I´d like to provide some thoughts and a preliminary opinion.
>
>      5. Can this exclusion notice file be considered wrong due to
>         referencing the EVGs instead of the BRs which is what SC70 is
>         touching?
>      6. Can this exclusion notice file considered invalid because of
>         the inclusion of a patent (#7) not related to GoDaddy?
>      7. What´s the reason for this exclusion notice in general,
>         considering is indicated the EVGs and not the BRs? Just to add
>         them to the wiki?
>      8. In the wiki there´re no reasons stated for example for #1 but
>         in this PDF file is indicated that no license granted, what to
>         do in this case?
>
>     Thoughts?
>
>     Regards
>
>
>
>     _______________________________________________
>
>     Infrastructure mailing list
>
>     Infrastructure at cabforum.org
>
>     https://lists.cabforum.org/mailman/listinfo/infrastructure  <https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flists.cabforum.org%2Fmailman%2Flistinfo%2Finfrastructure&data=05%7C02%7CInigo.Barreira%40sectigo.com%7C63ecc355d89d43f0aa7208dc4d0a78ac%7C0e9c48946caa465d96604b6968b49fb7%7C0%7C0%7C638469954591569120%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=eZ488c3hl1zNWof8WyT4QXK26FYlPhyseiBy3Gj4pDY%3D&reserved=0>
>
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