I included an issue number. The text had just made it to the list before your repost. So I have added the suggested wording with Haralds adjustment to the revision 05. Bert > -----Original Message----- > From: ietf-bounces@xxxxxxxx [mailto:ietf-bounces@xxxxxxxx]On Behalf Of > Harald Tveit Alvestrand > Sent: Wednesday, January 26, 2005 14:49 > To: ietf@xxxxxxxx > Subject: RE: Legal review results 1: Intellectual property (fwd) > > > This doesn't seem to have made it to the list... > > > ---------- Forwarded Message ---------- > Date: mandag, januar 24, 2005 15:53:48 -0500 > From: "Contreras, Jorge" <Jorge.Contreras@xxxxxxxxxxxxxx> > To: Brian E Carpenter <brc@xxxxxxxxxxxxxx>, Harald Tveit Alvestrand > <harald@xxxxxxxxxxxxx> > Cc: ietf@xxxxxxxx > Subject: RE: Legal review results 1: Intellectual property > > > 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? > > JLC> No problem. > > > We should perhaps ask Jorge to modify his words to ensure > that they don't > > preclude IASA from using or contributing to open source software > > JLC> I had tried to ensure this, but if there's something that seems > to be a problem I'm all for fixing it! > > By the way, this language related primarily to IASA's rights > in software developed for it by someone else, and didn't really > have much to do with software developed by IASA itself. IASA/IETF > is completely free to contribute to open source projects with software > developed by IASA personnel, to the extent that there are any. > > -----Original Message----- > From: Brian E Carpenter [mailto:brc@xxxxxxxxxxxxxx] > Sent: Monday, January 24, 2005 9:34 AM > To: Harald Tveit Alvestrand > Cc: ietf@xxxxxxxx; Contreras, Jorge > Subject: Re: Legal review results 1: Intellectual property > > > Harald Tveit Alvestrand wrote: > > (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. > > > > We should perhaps ask Jorge to modify his words to ensure > that they don't > preclude IASA from using or contributing to open source software. > > Brian > > > > ---------- End Forwarded Message ---------- > > > > > > _______________________________________________ > Ietf mailing list > Ietf@xxxxxxxx > https://www1.ietf.org/mailman/listinfo/ietf > _______________________________________________ Ietf@xxxxxxxx https://www1.ietf.org/mailman/listinfo/ietf