Simon Josefsson wrote:
Harald Tveit Alvestrand <harald@xxxxxxxxxxxxx> writes:
Simon Josefsson skrev:
Ray Pelletier <rpelletier@xxxxxxxx> writes:
On Dec 18, 2008, at 2:14 PM, Sam Hartman wrote:
Why do we need to send these license forms in at all?
I thought the requirement was that the authors get the necessary
rights. Are you just conveniently keeping track for us?
I would envision folks providing 5378 licenses to the Trust or their
pre-5378 work. If licenses are submitted their names could be posted
online for other Contributors to ascertain whether a pre-existing
work has been so licensed.
How does this help contributors use the older material? As far as I
understood the rules, it is the author that needs to get the necessary
rights from the original contributor before submitting it to the IETF.
The form appears to give the necessary rights from the original
contributor to the IETF Trust, not to the authors.
If the Trust has those rights, it's licensing them to all participants
under the same terms as post-5378 works.
Not as far as I can see.
You're right. I should have said "It should be licensing them", since
the current text of the Trust's license says that it applies only to
post-5378 works.
The Outgoing license from the Trust does not
include many of the rights required from contributors in Incoming.
That's by design. As John said so many times during the discussions: "we
probably have to expand the rights granted to the Trust once, but we
should make very, very sure that we don't have to do it again".
For example, RFC 5378 section 5.3 d) says:
d. to reproduce any trademarks, service marks, or trade names which
are included in the Contribution solely in connection with the
reproduction, distribution, or publication of the Contribution and
derivative works thereof as permitted by this Section 5.3,
provided that when reproducing Contributions, trademark and
service mark identifiers used in the Contribution, including TM
and (R), will be preserved.
The 'Legal Provisions' document does not mention trademarks. Thus, by
default, there is no grants of rights related to trademarks from the
IETF Trust to IETF participants.
If you are updating a pre-RFC 5378 document that contains trademarked
words, it isn't sufficient for the old contributor to have signed the
IETF Trust form if the document contains trademarks. You need to
contact him anyway, to get permission to reproduce the trademark.
I sure hope that's a bug (and one that, because of the separation of
concerns, we can get fixed without spinning up a working group).
Harald (thankful to not be IPR chair any more, and
being back to just having opinions)
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