Re: Last Call for Comments on " Legal Provisions Related to IETFDocuments"

"George Willingmyre" <gtw@xxxxxxxxxxxxxxxxx> · Thu, 14 Aug 2008 09:06:51 -0400

relevant recent legal decision  http://www.patentlyo.com/patent/2008/08/open-source-lic.html

8/13 Open Source License Conditions Enforceable Through 
Copyright Law

Jacobson v. Katzer (Fed. Cir. 2008) 
In an interesting decision, the CAFC held that open source license conditions 
are enforceable under the copyright laws. Jacobson's open source license at 
issue here allowed anyone to use his software so long as his conditions are met 
(such as making any modified code freely available). 
Copyright vs Contract: The district court held that 
violation of the open source conditions are remedied through a contract claim 
rather than copyright. The CAFC sided with the copyright holder ? holding that 
"Copyright holders who engage in open source licensing have the right to control 
the modification and distribution of copyrighted material.

George T. Willingmyre, P.E.
GTW Associates
1.301.421.4138
www.gtwassociates.com

  ----- Original Message ----- 
  From: 
  Ray 
  Pelletier 
  To: Ray Pelletier ; Ed Juskevicius ; ipr-wg@xxxxxxxx ; IETF Discussion 
  Sent: Thursday, August 14, 2008 8:32 
  AM
  Subject: Re: Last Call for Comments on " 
  Legal Provisions Related to IETFDocuments"

Ooops, wrong version.  But it has been 
  corrected.

Ray

Ray Pelletier wrote:

  NEW DOCUMENT 
    Dated 8-12-08

This is to announce that the IETF Trustees 
    have just posted a revised version of a draft policy on "Legal 
    Provisions Related to IETF Documents" dated 08-12-08 at: http://trustee.ietf.org/policyandprocedures.html

There 
    is also a Comparison document and a separate Code Components 
    List.

Below is a summary of the changes and an explanation 
    of them.

On behalf of the IETF Trustees, we invite your 
    review and final comments and suggestions on 
    this
policy.

Given these changes, the 
    Trustees will meet via telechat on September 4th with the goal of 

finalizing this policy. If you have any final comments, please post them 
    on the
IPR WG mailing list. 

Thanks

Ray 
    Pelletier
IAD
Trustee

Summary 
    of Changes

1. Intro -- changed "this document" to "these Legal 
    Provisions" throughout the document.

2. Applicability -- moved 
    Section 4 up to Section 2 for better flow.

2.a Effective Date -- 
    Inserted a specific date for the effectiveness of the document, as discussed 
    in Dublin.
2.b Effectiveness -- the Legal Provisions apply to IETF 
    Contributions that are submitted after effectiveness, and to IETF Documents 
    that are published after effectiveness.

3.a and 3.c Licenses -- the 
    licenses now apply to IETF Contributions and IETF Documents in most 
    places

3.c and 4.c Code -- clarified that Code included in IETF 
    Documents can be reproduced and modified per the document licenses, while 
    Code intended for execution is covered by the BSD License under Section 
    4.

3.c.iii.y Substantial Portion -- I was not sure whether there was 
    consensus regarding the amount of text that could be extracted without 
    applying the full RFC text/legends.

3.d Licenses Not Granted -- 
    removed reference to disallowance of publishing I-Ds outside the IETF 
    Standards Process.

3.f Termination -- deleted, per Dublin 
    discussion

4.a Code Definition -- moved list of common code 
    components to a URL

4.c Copyright notice -- changed notice in BSD 
    license to reflect that this license now covers code from all IETF 
    Contributions and Documents, not only RFCs.

4.d Attribution -- added 
    a clause requiring identification of the relevant IETF 
    Document/Contribution, per Dublin discussion.

6 Required Text -- 
    added "on the first page" per Dublin discussion.

6.b Copyright Notice 
    -- moved up from 6.c for improved flow. Also tweaked the text of the 
    copyright notice to be more flexible, "IETF Trust and the persons identified 
    as its authors"

7.e Definitive Version -- added a sentence to address 
    the point about translations of these Legal Provisions. 

Ed 
    Juskevicius wrote:

    This is to announce that the IETF Trustees have just
posted a revised version of a draft policy on 
"Legal Provisions Related to IETF Documents" dated
08-05-08 at:
http://trustee.ietf.org/policyandprocedures.html

This draft includes all of the changes agreed during
the July 31st meeting of the IPR working group held
in Dublin.

On behalf of the IETF Trustees, we invite your
review and final comments and suggestions on this
policy.  

The IETF Trustees will meet via telechat on Aug 21st
with the goal of finalizing this policy.  If you
have any final comments, please post them on the
IPR WG mailing list.  

Best Regards, and Thanks in advance, 

Ed Juskevicius      Ray Pelletier
Chair               Trustee
IETF Trust          IETF Administrative Director
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Re: Last Call for Comments on " Legal Provisions Related to IETFDocuments"

8/13 Open Source License Conditions Enforceable Through Copyright Law