Re: IETF Last Call for two IPR WG Dcouments

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Joel M. Halpern wrote:
> I do not understand the problem you want addressed.  The way this is 
> worded, it doesn't matter what "open source" or "free software" is or 
> becomes.  The intention is to grant anyone to do anything with the code 
> segments.  That's what we ask the trust to do. Further in line.

I think Simon is suggesting that we provide some guidance to the Trust
in choosing a license. IANAL, however the phrase "grant anyone to do
anything" sounds nice in theory but needs to be translated into a
functioning license. As far as I can see there are three licenses that
would fit the bill:

1. The MIT license
2. A BSD-style license
3. A designation that the code is in the public domain

Some people allege that it is not possible to put a work directly into
the public domain (although I disagree), which is why they prefer to use
a license.

As a point of comparison, the XMPP Standards Foundation recently worked
to make sure that its specifications are safe for inclusion in free
sofware, and decided upon a slightly-modified MIT license (modified in
order to make clear that we were publishing specifications, not code).
The resulting license is here:

http://www.xmpp.org/extensions/ipr-policy.shtml

> Simon Josefsson wrote:
>> Regarding -outbound section 4.3:
>>
> ...
>>    As such, the rough consensus is that the IETF Trust is to grant
>>    rights such that code components of IETF contributions can be
>>    extracted, modified, and used by anyone in any way desired.  To
>>    enable the broadest possible extraction, modification and usage, the
>>    IETF Trust should avoid adding software license obligations beyond
>>    those already present in a contribution.  The granted rights to
>>    extract, modify and use code should allow creation of derived works
>>    outside the IETF that may carry additional license obligations.
> This says that the trust is to grant rights so that code can be 
> extracted, modified, and used by ANYONE.  I.e. our grant will not place 
> restrictions on people.

Correct. But we need to have a license over the code, not just say that
anyone can use it, which legally is void for vagueness (IMO IANAL etc.).

>> ...
>>
>> I believe the intention here is good, but it leaves the IETF Trust with
>> no guidelines on how to write the license declaration that is likely to
>> work well in practice with actual products.  There are no reference to
>> what "open source" means in this context, and references to "free
>> software" is missing.
>>
>> I believe it would be a complete failure if code-like portions of RFCs
>> cannot be included into open source and free software products such as
>> the Debian project.
> If we grant anyone the right to use the code any way they want, which 
> means that we specifically can not require preservation of notices or 
> anything else, how could it fail to meet the requirements of the 
> specific cases you list?

Because it is not covered by a license.

>> To give the Trust something concrete to work with I propose to add the
>> following:
>>
>>   To make sure the granted rights are usable in practice, they need to
>>   at least meet the requirements of the Open Source Definition [OSD],
>>   the Free Software Definition [FSD], and the Debian Free Software
>>   Guidelines [DFSG].
>>
>> For those who fear that this will lead to complexity: releasing
>> something that is compatible with those requirements is simple.  The
>> modified BSD license meets those requirements, as does a number of other
>> methods, including releasing the work into the public domain.
> My concern is not complexity.  Referencing the specific documents is 
> more restrictive than what the working group recommended.  I don't see 
> why that would help anything.

See above. Perhaps it would be more helpful to reference some specific
licenses that would realize the stated intent?

Peter

-- 
Peter Saint-Andre
https://stpeter.im/

<<attachment: smime.p7s>>

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