RFC 2026 Section 4.1.2 states: "If patented or otherwise controlled
technology is required for implementation, the separate
implementations must also have resulted from separate exercise of the
licensing process." A key word in this text is "required." The mere
existence of disclosed IPR does not necessarily mean that licenses
are actually required in order to implement the technology. Section
4.1 of this document should be taken to apply to the case where there
are multiple implementations and none of the implementers have felt
that they needed to license the technology and they have no plausible
indications that any IPR holder(s) will try to enforce their IPR.