Re: IPR Questions Raised by Sam Hartman at the IETF 73 Plenary

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Marshall Eubanks <tme@xxxxxxxxxxxxxxxxx> writes:

> While this has been argued to death

I disagree.  The issue was raised only few weeks ago, and this e-mail
thread is (as far as I have seen) the first where the problem has bee
re-stated in an e-mail to any public IETF list.

> Contributors of IETF material should represent that one or more of 3
> conditions apply to any particular contribution:
>
> 1.) There is no material in this contribution from pre-RFC5378 work.
>
> 2.) There is material in this contribution from pre-RFC5378 work by
> one or more of the
> current set of authors, and they hereby license this older material
> under the current conditions.
>
> 3.) There is material in this contribution from pre-RFC5378 work and
> the license status of that material may not be consistent with
> RFC5378.

I like this.

> Number 3 is for the cases where the previous authors were different,
> or where the current authors do not own their previous work, and is in
> either case intended to flag the contribution as
> possibly one needing attention by the Trust.

For # 3 it means that the Trust cannot sub-license it without contacting
the original contributors.  For all IETF internal purposes, there
shouldn't be any problem.

> Note that # 2 and #3 are not mutually exclusive, and obviously the
> Trust Counsel would need to pass any actual wording.

I believe even # 2 may need consideration by the trust, in case the
pre-RFC5378 work contain copyrightable material written by others.

> This would shift any work to obtain earlier licenses onto the Trust
> and the Trust Counsel, where in my opinion it belongs. This would also
> serve the useful purpose of automatically obtaining licenses from
> people who are just reusing their own work (if they are in a position
> to grant such a license).

Indeed.

/Simon

> Regards
> Marshall
>
>> Any what if the contributor is deceased?
>>
>> It would be very useful if the IAOC/Trust develop, together with legal
>> aid, guiding instructions for this situation.  It would answer the
>> common questions.  It seems applicable to a lot of work that will
>> happen
>> in the next 5 years: updating any RFC issues prior to RFC 5378.
>>
>> /Simon
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