[comp.dcom.modems] Source licensing issues

cyusta@tasu81.UUCP ( Yuval Shahar ) (05/22/91)

 I believe this issue has been discussed here before so apologies are due. 
 I need the current status on source licensing issues, in particular with 
 regard to MNP5 and V42.bis. The last I heard was that MNP5 costs 5K-20K$
 payed to Microcom, and that V42.bis costs a total of about 50K$ payed to IBM,
 British-Telecom and Unisys. I also know that CCITT threatened to take some
 kind of action if this license fee was not drastically reduced. Also I heard
 something about the AT commands having some kind of a patent. Any info would
 be greatly appreciated. Also, any other legal pitfalls and caveats related to
 writing a v42/v42-bis, MNP1-5 modem are of interest.

 Thanks,
  Yuval
	Yuval Shachar		cyusta@taux01.nsc.com   cyusta@nsc.nsc.com
				shachar@taurus.bitnet   shachar@math.tau.ac.il
    National Semiconductor (Israel) P.O.B. 3007, Herzlia 46104, Israel
    Tel. +972 52 522310  TWX: 33691, fax: +972-52-558322

tnixon@hayes.uucp (05/23/91)

In article <5882@taux01.nsc.com>, cyusta@tasu81.UUCP ( Yuval Shahar ) writes:

>  I believe this issue has been discussed here before so apologies are due. 
>  I need the current status on source licensing issues, in particular with 
>  regard to MNP5 and V42.bis. The last I heard was that MNP5 costs 5K-20K$
>  payed to Microcom, and that V42.bis costs a total of about 50K$ payed to IBM,
>  British-Telecom and Unisys. I also know that CCITT threatened to take some
>  kind of action if this license fee was not drastically reduced. Also I heard
>  something about the AT commands having some kind of a patent. Any info would
>  be greatly appreciated. Also, any other legal pitfalls and caveats related to
>  writing a v42/v42-bis, MNP1-5 modem are of interest.

I think you've got the licensing issues right, including the payees. 
My understanding is that the total for V.42bis is now $60K, since 
British Telecom raised their fee when the patents which were 
previously "pending" are now "issued".  

As far as the CCITT "threaten[ing] to take some kind of action", I 
know nothing of the kind, and I've been an active participant in 
CCITT Study Group XVII throughout the development of V.42bis and 
since then.  If there was going to be any "action" taken, it would 
have been for the CCITT member countries to vote down V.42bis.  But 
V.42bis was, in fact, unanimously accepted -- so much for taking 
action.  The fact is that the CCITT strictly avoids becoming 
involved in discussions as to whether or not a particular patent is 
valid or invalid, and as to whether or not a particular licensing 
arrangement is "reasonable".  All the CCITT requires is for those 
claiming a patent interest in technology that must be implemented to 
comply with a Recommendation to issue a written statement agreeing 
to license the related patents on a non-discriminatory basis to 
anyone in conjunction with implementation of the subject standard.

The Hayes AT command set itself is not patented, but Hayes holds a 
patent on the escape sequence with guard time that is used to return 
from data state to command state.  There are several other patents 
related to error control, modulation (such as scramblers and trellis 
coding), and other features and functions of modems.  It would be 
inappropriate for me (as a potential competitor) to advise you on 
this, except to tell you who to contact at Hayes for information on 
licensing our patents:  Janet Gronholm, at the voice number noted 
below.

	-- Toby

-- 
Toby Nixon, Principal Engineer    | Voice   +1-404-840-9200  Telex 151243420
Hayes Microcomputer Products Inc. | Fax     +1-404-447-0178  CIS   70271,404
P.O. Box 105203                   | UUCP uunet!hayes!tnixon  AT&T    !tnixon
Atlanta, Georgia  30348  USA      | Internet       hayes!tnixon@uunet.uu.net