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

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John C Klensin <john-ietf@xxxxxxx> writes:

> Let's do keep in mind that the license permission for reuse in
> IETF work has existed explicitly since RFC 2026 (1996) and
> implicitly for a long time before that.   So, again for IETF
> work, the notion of having to either contact a lot of people to
> get permission or to completely rewrite is just not an issue, at
> least for documents that have been originated or revised since
> 1996.

That conflicts sharply with how I read Russ' answer "the contributor
must obtain the additional rights from the original contributor".

I wish you were right.  I was surprised by the conclusion in the initial
e-mail in this thread.  I had believed all along that the IETF had
sufficient rights to allow re-use of IETF documents within the IETF
standard.  I hope further explanation of the legal situation will give
us more information.

> There is a gray area for "code" materials last published before
> 1996, but I suggest that they are few enough for the Trust to
> deal with on a special-case basis.  That is, I assume, one of
> the reasons the IPR WG gave the Trust some flexibility.

I don't see how this has anything to do with code vs text separation.
The issue applies equally to code and text written before pre-RFC5378.
There is nothing in Russ' note to suggest that this is related to only
code, nor was this an aspect brought up by Sam.  I listened to the
recorded plenary a few days ago to remember the details.

> Given that, Marshall, your proposal essentially requires the
> Trust (and potentially Counsel) to do considerable work on
> behalf of hypothetical third parties who might want to make
> non-IETF use of some IETF materials.

No.  As far as I understand, I can no longer take RFC 4398, fix some
minor problem, and re-submit it as a RFC 4398bis.  Even though I was
editor of RFC 4398.  The reason is that some material in that document
was written by others.  At least, I cannot do this, without getting
permission from the other people who wrote the initial document.  I wish
this is mistaken and that someone can explain how to reconcile this
example with what Russ wrote.

/Simon
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