G. Patent Statement
Some of the cryptographic algorithms proposed for use in this protocol have patent claims on them. In addition Netscape Communications Corporation has a patent claim on the Secure Sockets Layer (SSL) work that this standard is based on. The Internet Standards Process as defined in RFC 2026 requests that a statement be obtained from a Patent holder indicating that a license will be made available to applicants under reasonable terms and conditions.
The Massachusetts Institute of Technology has granted RSA Data Security, Inc., exclusive sub-licensing rights to the following patent issued in the United States:
Cryptographic Communications System and Method ("RSA"), No. 4,405,829
Netscape Communications Corporation has been issued the following patent in the United States:
Secure Socket Layer Application Program Apparatus And Method ("SSL"), No. 5,657,390
Netscape Communications has issued the following statement:
Intellectual Property Rights
Secure Sockets Layer
The United States Patent and Trademark Office ("the PTO") recently issued U.S. Patent No. 5,657,390 ("the SSL Patent") to Netscape for inventions described as Secure Sockets Layers ("SSL"). The IETF is currently considering adopting SSL as a transport protocol with security features. Netscape encourages the royalty-free adoption and use of the SSL protocol upon the following terms and conditions:
- If you already have a valid SSL Ref license today which includes source code from Netscape, an additional patent license under the SSL patent is not required.
- If you don't have an SSL Ref license, you may have a royalty free license to build implementations covered by the SSL Patent Claims or the IETF TLS specification provided that you do not to assert any patent rights against Netscape or other companies for the implementation of SSL or the IETF TLS recommendation.
What are "Patent Claims":
Patent claims are claims in an issued foreign or domestic patent that:
1) must be infringed in order to implement methods or build products according to the IETF TLS specification; or
2) patent claims which require the elements of the SSL patent claims and/or their equivalents to be infringed.
The Internet Society, Internet Architecture Board, Internet Engineering Steering Group and the Corporation for National Research Initiatives take no position on the validity or scope of the patents and patent applications, nor on the appropriateness of the terms of the assurance. The Internet Society and other groups mentioned above have not made any determination as to any other intellectual property rights which may apply to the practice of this standard. Any further consideration of these matters is the user's own responsibility.