Adding the language you suggested would mean that IASA could not buy royalty-bearing or installment-fee software.
Adding the part about "irrevocability" would mean that the licensor could not terminate the license if IETF breached. While this would be nice, most commercial licensors would refuse to license their software on that basis.
Do you really want to impose these types of constraints on IASA?
Thanks for pointing that out.
Eric, I personally (speaking as yet another IETF participant) get pretty uncomfortable with language in the proposed BCP that I'm sure is intended to guide decisions buy in fact has the effect or precluding what may turn out to be prudent business options.
Let me relate one experience. Last year ISOC purchased a membership management package. We actively considered both open-source and proprietary options. We wound up choosing a proprietary option because it gave us the features we were looking for at the best price-point. The open-source options essentially became springboards to consulting contracts, which in turn were pretty expensive.
There is already language in the draft regarding open source software:
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, with no ongoing payments. ISOC will permit IASA
and its designee(s) to have sole control and custodianship of such
Developed Software. 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.Jorge will correct me, but I think that language expresses the preference for open-source options without precluding other options when they are the prudent thing to do, and maintain's the IETF's rights to manage and maintain the software it purchases, builds, or has built to its requirements.
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