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

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--On Wednesday, 17 December, 2008 14:00 -0800 Randy Presuhn
<randy_presuhn@xxxxxxxxxxxxxx> wrote:

> Particularly since the permission to create derivative works
> and successor standards has been granted as part of the
> boilerplate for a long long time.

Yes.  But that was permission given directly by the authors to
the IETF, for IETF use.  5378 removes that mechanism, which I
always considered fairly elegant, in favor of a transfer of
rights to the Trust which then licenses those rights back to the
IETF participant.  All 5.3 does is to give those rights to the
Trust (read the first paragraph), and the Trust doesn't get them
unless the author can and does make the assertions of 5.1 (which
includes rounding up the prior contributors).

>...
> Consequently, as a WG co-chair who wants his WG to
> finish up  in this century, I read RFC 5378 section 5.3 as
> giving working groups what they need so they can ignore all
> this stuff about tracking down long-gone contributors, and
> that it's merely a re-incarnation of what has long been the
> intent behind the NOTE WELL text.

What gives your WG the ability to function is 5.4, where the
Trust gives back to the IETF participants what the Trust
received under 5.1 and 5.3.   But they can't give back what they
don't have, so, if your WG is required to derive its permission
to do work from 5.4 and a previous author takes a walk rather
than making the 5.1 guarantees and 5.3 transfers _to the
Trust_...

My guess, with the usual non-lawyer disclaimers, is that we
would be having a less complicated discussion if 5378
_preserved_ the direct grant from Contributors to the IETF for
IETF use in addition to whatever it required be given to the
Trust.   That would let your WG (and Dave's revisions) continue
to function under the old rules and assumptions even if we still
needed to have a debate about whether 5378 conformance was
required of every document posted, obligations on submitters,
etc.

>...

    john



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