On Friday, January 21, 2005 15:42:32 +0100 Harald Tveit Alvestrand <harald@xxxxxxxxxxxxx> wrote:
From Jorge:
3. Legal Advice.
(Apologies if I sound biased about this one, but....)
Although the IAD and IASA have responsibility for negotiating and approving all contracts relating to IETF, there is no indication that they are expected or even encouraged to seek legal advice regarding these contracts. Given the unclear language of some of the historical IETF-related contracts, I think it would be advisable to set forth a principle that the IAD should seek legal advice regarding any material contract that he/she negotiates. This would exclude routine contracts for things like office services, but should definitely apply to the contracts with ISOC, IANA, ICANN, the RFC Editor, the conference organizer (whether it's CNRI, Fortec, or somebody else), and any contract that relates to the development of data, software or other IP.
Yes.
Moreover, I think that an express statement should be made that the IAD/IASA should obtain "independent" legal advice. That is, from legal counsel who are not ISOC's counsel. This will serve to reinforce the independence of IETF from ISOC.
I don't see the need for this. Note that as part of ISOC, the IASA will not be entering into contracts with ISOC (IANAL, but my understanding is that there is no legal basis for an entity to contract with itself). Given this, I not only don't see a reason to prohibit IASA from using legal resources maintained by ISOC, I actually believe that should be encouraged.
-- Jeffrey T. Hutzelman (N3NHS) <jhutz+@xxxxxxx> Sr. Research Systems Programmer School of Computer Science - Research Computing Facility Carnegie Mellon University - Pittsburgh, PA
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