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

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Simon,

Yes, the Trust will need to issue a license that's retroactive
for contributions whose authors have issued a retroactive
grant. But I have considerable confidence that Jorge knows
how to do that.

    Brian

On 2008-12-13 10:00, Simon Josefsson wrote:
> Brian E Carpenter <brian.e.carpenter@xxxxxxxxx> writes:
> 
>> On 2008-12-13 08:20, Russ Housley wrote:
>>> At 01:28 PM 12/12/2008, Simon Josefsson wrote:
>>>
>>>> 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.
>>> Correct.  RFC 5378 imposes this burden on the contributor.  All of the
>>> rights needed to make updates to the document within the IETF Standards
>>> Process are clearly already available, but the contributor is required
>>> to obtain the additional rights that are required by RFC 5378.
>> Formally yes. But the Trust can take the sting out of this by
>> a vigorous effort to get former contributors to sign over the
>> necessary rights, and by providing a convenient method for
>> this to be done.
> 
> Really?
> 
> As far as I read the form in [1], it will give the IETF Trust the rights
> to your document.  It does not give IETF participants any rights.  And
> it is the IETF participants that will need to be able to grant the Trust
> these rights in order to submit a document, according to RFC 5378.
> 
> What appears to be missing is a grant from the IETF Trust to IETF
> Participants for the documents signed over to them using the form.
> 
> The legal provisions in [2] does not appear to provide this grant-back.
> It only grants rights to IETF participants to documents that are
> submitted after the effective date:
> 
>   The licenses granted by the IETF Trust pursuant to these Legal
>   Provisions apply only with respect to (i) IETF Contributions
>   (including Internet-Drafts) that are submitted to the IETF following
>   the Effective Date, and (ii) IETF RFCs and other IETF Documents that
>   are published after the Effective Date.
> 
> Further:
> 
>   d.  In most cases, rights to Pre-Existing IETF Documents that are not
>   expressly granted under these RFCs can only be obtained by requesting
>   such rights directly from the document authors. The IETF Trust and the
>   Internet Society do not become involved in making such requests to
>   document authors.
> 
> /Simon
> 
> [1]
> http://trustee.ietf.org/docs/Contributor_Non-Exclusive_License_RFC5378.pdf
> 
> [2]
> http://trustee.ietf.org/docs/IETF-Trust-License-Policy.pdf
> 
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