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Microsoft uses Unknown Patent to exclude Free Software from Anti-Spam Standard

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Microsoft owns a patent on a basic method which is part of an IETF draft standard for a scheme against e-mail spam. Microsoft is allowing use of this patent under a license which excludes free software such as the Apache webserver from participation. The Apache Software Foundation has announced its non-participation in the standard. It is however difficult to create alternatives without this method which Microsoft happens to have registered first. Unfortunately none of the many news reports gives the number of Microsoft's patent. Microsoft's License FAQ deliberately evades the question of which patents might be encumbering Sender ID, saying that the process is ongoing and detailed research of these patents at this time would be disadvantageous to Microsoft. Therefore we can not find out to what extent similar patents are pending in Europe.

Microsoft Licensing FAQ: why we are not disclosing the concerned patent claims

Q11: Microsoft has not told us what patent rights it holds? How can we evaluate Microsoft's patent claims?

A: Unpublished patent applications are held in confidence by the US Patent & Trademark Office. When the application is published, Microsoft will update its patent disclosure with the IETF. In recognition of their confidential status and the desire to acquire early information regarding the possibility of patent claims being granted that cover the standard, the IETF, like some other organizations, encourages its members to disclose the "existence" of such patent applications. It does not ask that the patent holder disclose the content of its confidential patent application. Microsoft has followed the processes for disclosure outlined in RFC 3668 entitled "Intellectual Property Rights in IETF Technology." Since the patent application containing the claim has not yet been granted it is not clear what patent rights, if any, Microsoft will ultimately be awarded. Consequently, a detailed evaluation may only lead to speculative conclusions at this time. To provide additional certainty under these uncertain circumstances Microsoft's license includes all necessary patent rights that Microsoft has now or is later granted.

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