Harald,
I am enroute back to Washington at the moment, but did want to comment on IP matters.
I think it fair to state in the document what the IETF thinks appropriate for it to manage its own affairs going forward, but one of the matters we will have to work out is the fact that there is considerable IP generated over the past almost twenty years. At present, CNRI owns most of this IP, but the US Government may have certain continuing rights in the data as well.
As you know, I have committed publicly to working with the IETF on the administrative restructuring issues. Over the coming year, I hope we can work out how best to handle matters such these, but at best the document ought to recognize this fact of life and that it will be necessary to address these matters in due course going forward.
bob
At 04:29 AM 12/6/2004, Harald Tveit Alvestrand wrote:
Hi folks,
it seems that we are drawing close to a consensus here:
- Access to data that the IETF has created and needs to function is a paramount basic principle. Not to be compromised. So it needs to go VERY plainly into section 2.2 "principles".
- Access to software is a very-nice-to-have, but it's only critical if not having it limits our ability to effectively access the data. And open-source is a quite-nice-to-have; we see a number of advantages in doing things that way, but there may be cases where other considerations apply. So this belongs in the document, but under "advice", not "principles".
So - I'd like to propose a specific text change to address that:
Replace the current section from 2.2 that says:
6. The right to use any intellectual property rights created by any IASA-related or IETF activity may not be withheld or limited in any way by ISOC from the IETF.
with the following:
6. The IASA, on behalf of the IETF, shall have an irrevocable, permanent right of access and later use to all data created in support of the IETF's activities, including the right to disclose it to other parties of its choosing.
And in section 3.1 "IAD Responsibilities", add after paragraph 4 ("The IAD negotiates service contracts"):
The IAD is responsible for ensuring that all contracts give the IASA and the IETF the rights in data that is needed to satisfy the principle of data access. This is needed to make sure the IETF has access to the data it needs at all times, and that the IASA can change contractors when needed without disrupting IETF work. If software is developed under an IASA contract, the software should remain usable by the IETF beyond the terms of the contract; this may be accomplished by IASA ownership or an open source license; an open source license is preferable. The IAD will decide how the interest of the IETF is best served when making such contracts.
Note: I have tried to write the sentences above without using any of the legal terms "copyright", "ownership" or "work for hire" - these are all terms of art that I know I don't fully understand, and I believe it's possible to state the principles without using those terms.
Reasonable?
Harald
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