Zero-Knowledge Systems (ZKS) sued on behalf of its spin-off data management company, Synomos (formerly known as ZKS's Enterprise Privacy Unit), which worked with IBM between June 2001 and February 2002 to create an XML-based language standard for writing enterprise privacy policies.
XML, or eXtensible Markup Language, is a flexible means of creating common information formats that share both format and data on the internet, intranets, and elsewhere. Using XML, ZKS had created another standard, known as the Privacy Rights Markup Language (PRML), which it then shared with IBM under a confidentiality agreement, said ZKS.
Working together the two companies created a third language – the Enterprise Privacy Markup Language – to allow companies to automate their corporate privacy policies across company networks.
But in February 2002, unable to reach agreement on formal terms, the collaboration ceased.
According to ZKS, IBM then used the EPML as the basis for its Enterprise Privacy Authorization Language, which it launched with a fanfare in July last year before submitting and licensing it to the World Wide Web Consortium. At no stage, says ZKS, did IBM acknowledge ZKS's contribution, or obtain ZKS's licence, authority or consent.
ZKS is seeking an injunction against the further distribution and licensing of EPAL and around $5.1 million in damages.
Neither ZKS nor IBM has commented on the action.