RFP Question for you Jorge... did anyone put a notice of "Responsibility for Copyright Violations" to the Publisher RFP Candidates?

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Jorge - Let me ask, who eats a copyright violation claim against the IETF???

Is it the IETF?, the IESG? or is it the Document Publisher - who for a while
longer is ISI? - my bet is that in this case that's ISI because the
publisher has a fiduciary responsibility to address the DMCA Take Down
provisions as an Internet Publisher, or face the music for screwing up when
it happens.

Since I am betting there was nothing about the "assumption of liability for
violations of Copyright Act incidents" in the RFP is the intent to make the
Editor/Publisher of the IETF's Document's the fall-guy for operating the ISP
resource for the IETF without a Take Down Process or  methodology for the IP
Published. My reasons for asking are simple, because if not it seems to me
that the ethical thing to do is that EVERY candidate needs to be notified
"that the IETF takes no responsibility for any laws they break in publishing
the IETF's documents".

I propose the following addition as a disclaimer to the Publisher RFP
responders:
---------------------------------------
WARNING - The IETF is an ISOC sponsored on-line consortia, an international
organization who's publishing policies are determined by consensus. The IETF
carries no internal or executive bonding as a result.The IETF informs you of
this so there is no possible claim of breach or fraud in the inducement by
the IETF's willful hiding of this key fact.

Be advised that neither ISOC nor the IETF have any official policy on DMCA,
the global WIPO treaties or any other IP legislation and you are responsible
for any and all acts which violate those laws.

o-    As the IETF's Publisher, you act as an Internet Service based
Electronic Publisher and as such you bear total responsibility for the
wrongful release of controlled  or trade-secret protected IP, and also for
the Copyright or Patent Disclosure Violations that may occur from time to
time while you edit and publish documents under contract to the IETF.

o- IETF's mail gateway is a 'repeater' and no local copies of submissions
are kept - You acknowledge and agree that the IETF's Email Gateway
automatically is configured to forward submissions (documents for
publishing) to you as a front-end, and that as such the IETF's Email
Clearing Feature is essentially just another Mail Exchanger Node in the path
to get a document to you for review and cleanup prior to your publishing it.
As a clearing house you agree that the IETF does not actually take
possession of the document until you publish it and return the final copy to
the IETF; meaning any and all liabilities are your  Company's alone.

o-    "This isn't Kansas anymore Toto" - This notice is based in that the
IETF cannot absolve you or your Company of legal responsibility for breaking
the US Copyright Act or any of the WIPO Treaty Terms in place globally that
the US and other Nation's have signed to stop the unauthorized publishing of
controlled Intellectual Property"; likewise nor can it protect you from
litigation based in any violations therein.

o-     "Your left holding the bag" - As such, since the IETF bears no
responsibility for any acts where IP is published through you please consult
your own Counsel to properly understand and determine if these risks
eliminate your participation in the program.

Thanks for your interest in the IETF's Publishing Operations RFP
----------------------------------------

By the way - IMH "lay" O the only ones that could possibly survive screwing
up are ISI because of their University Sponsorship.


Todd Glassey


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