Re: Legal review results 1: Intellectual property

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>  Date: 2005-01-21 09:40
>  From: Harald Tveit Alvestrand <harald@xxxxxxxxxxxxx>
>  
> In this and a few later messages, I'm relaying comments from Jorge 
> Contreras, the IETF's pro bono legal counsel.
> ------------------------------------------------------------
> 1. ÂIntellectual Property. ÂI think I understand the reason for including 
> an explicit requirement that IP created in support of IETF activities be 
> usable by IETF on a perpetual basis. ÂThe way this concept is expressed, 
> however, should probably be adjusted slightly to reflect the way IP rights 
> are actually conveyed and licensed.
> 
> Old Text (Sec. 3.1, paragraphs 5-6)
[...]
> Â Âcontract. ÂSome ways of achieving this are by IASA ownership or an
> Â Âopen source license; an open source license is preferable. ÂThe IAD
> Â Âshall decide how best to serve the IETF's interests when making such
> Â Âcontracts.
> 
> Suggested new text (Sec. 3.1, paragraphs 5-6)
[...]
> ISOC will permit IASA and its designee(s) to have sole control and
> custodianship of such Developed Software, and ISOC
> will not utilize or access such Developed Software in
> connection with any ISOC function other than IETF without
> the written consent of the IAD. ÂThe foregoing rights are not required
> in the case of off-the-shelf or other commercially-available software
> Âthat is not developed at the expense of ISOC.

Verbosity aside, I don't believe that "sole control and custodianship"
applies to open source software. I am not a lawyer, but the "Old text"
seems not only more easily comprehended [I am reminded of Jonathan
Swift's satirical look at lawyers in Gulliver's Travels, and dismayed
that things haven't improved in 275 years] but seems to be considerably
more favorable to open source software than the proposed "new text";
the latter appears to be heavily biased towards commercial software.

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