(explicit CC to Jorge, since I'm interpreting his words)
--On fredag, januar 21, 2005 10:49:21 -0500 Bruce Lilly <blilly@xxxxxxxxx> wrote:
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.
On reading the text again, I think this text:
(B) If an IASA Contract provides for the creation, development or
modification of any software (including, without limitation, any
search tools, indexing tools and the like) ("Developed Software")
then the IAD shall, whenever reasonable and practical, ensure
that such contract either (a) grants ownership of such Developed
Software to ISOC, or (b) grants ISOC a perpetual, irrevocable
right, on behalf of IASA and IETF, to use, display, distribute,
reproduce, modify and create derivatives of such Software
(including, without limitation, pursuant to an open source style
license). It is preferred that Developed Software be provided and
licensed for IASA and IETF use in source code form.
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. The foregoing rights are not required
in the case of off-the-shelf or other commercially-available software
that is not developed at the expense of ISOC.
actually is OK for making software free - that would come under the section that says:
.... or (b) grants ISOC a perpetual, irrevocable right, on behalf of IASA and IETF, to use, display, distribute, reproduce, modify and create derivatives of such Software (including, without limitation, pursuant to an open source style license).
If we assume that the IETF will never be interested in preventing others from using its software, we can remove the stuff that says ".. and ISOC will not utilize or access..... without the written consent of the IAD".
Jorge - see any problems with removing this?
The "IASA and its designee(s)" says that IASA, not ISOC, decides to give others permission to use it - ISOC can't give orders to IASA to limit it.
Harald
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