"Lucy E. Lynch" <llynch@xxxxxxxxxxxxxxxxxxxx> writes: > Updated - see: > http://koi.uoregon.edu/~iaoc/docs/IETF-Trust-12-08-05.pdf Thanks! >> The Trust (acting through the Trustees) shall have the right to >> grant licenses for the use of the Trust Assets on such terms, >> subject to Section 7.1, as the Trustees deem appropriate; provided, >> however, that the Trust shall not grant any license that would be >> deemed a transfer of ownership or abandonment of any Trust Assets >> under applicable law. Specifically, any license granted by the >> -------------------------- >> Trust for the use of the Trust Assets consisting of IPR other than >> ----- >> rights in IETF standards-related documents (such as RFCs, Internet >> Drafts and the like) that have been acquired by the Trust through >> non-exclusive licenses granted by their contributors pursuant to the >> IETF community-approved procedures currently set forth in RFC 3978, >> and any community-approved updates and revisions thereto, shall >> include provisions stating that (a) the licensee agrees to grant and >> ------------------------------------ >> assign to the Trust all right, title, and interest it may have or >> ----------------------------------------------------------------- >> claim in any derivative works of licensee that are based on or >> -------------------------------------------------------------- >> incorporate the IPR, and (b) the licensee's use of the IPR and any >> -------------------- >> goodwill associated therewith shall inure to the benefit of the >> Trust." >> >> The marked sentence imply that not all IPR held by the IETF Trust can >> be licensed away to third parties without requiring them to give up >> all rights to derivative works. > > Simon - > > Please see Sec. 5.2 - I believe that IPR that transfers into the IETF > Trust at closing should all fall under the terms of the current Sec. > 9.5 as re-written and if any future contributors wish to add gating > conditions to their own (non standards related) IRP, they may want to > License those items TO the IETF Trust with appropriate provisions for > downstream rights rather than contribute them out-right if derivative > rights are a major concern. Section 5.2 is about IPR added after the Trust is signed, so I fail to see its relevance. I'm talking about the IPR listed in "Schedule A" in the document. Please reread my previous e-mail in that context. To make things even more clear, here is the problem I see: The IETF may later decide that, e.g., (excerpts of) records of past IETF meetings should be licensed to a third party, a third party that cannot grant the IETF Trust all rights to derivative works. The IETF may understand the problem for the third party, but decide that it furthers the goal of the IETF anyway, and that it wishes to grant that third party rights to the data. With the current section 9.5, this request from the IETF cannot be approved by the IETF Trust. Replace "records of past IETF meetings" with other items (except RFC/I-D's) in Schedule A as you please. For example, mailing list archives, web pages, IESG material, document processing history. I agree with Sam that the Trust agreement should not prevent any set of outbound rights that the IETF community may decide on. Thanks, Simon _______________________________________________ Ietf@xxxxxxxx https://www1.ietf.org/mailman/listinfo/ietf