RE: IPR Questions Raised by Sam Hartman at the IETF 73 Plenarys

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Jorge Contreras wrote:
> The problem lies with collective works, rather than joint works.  In
> some cases, the multiple authors of IETF documents have each made
> distinct contributions (i.e., sections or distinct text) rather than
> collaborating to produce joint text.  Unfortunately it is not possible,
> in hindight, to determine whether works with multiple authors are joint
> works or collective works.

Hi Jorge,

Once again the standards world surprises me. I thought that IETF
RFCs--indeed any standards specifications developed by groups of cooperating
engineers--are inherently joint works. The notion that a single person
writes and owns the words he himself puts into a specification is very odd.
Is that notion a part of IETF culture? 

It is true that the best evidence of a joint work is a contract between the
joint authors declaring it to be so, and that otherwise a collective work is
generally assumed. What we lack are those contracts from the early days,
which is why the new form we're now signing is so good going forward. But
even in the past, in the case of IETF RFCs, weren't IETF contributors
expected to be active participants in joint creativity and inventiveness?
Could anyone here realistically deny that his or her IETF efforts were
joint?

Best regards,

/Larry



> -----Original Message-----
> From: Contreras, Jorge [mailto:Jorge.Contreras@xxxxxxxxxxxxxx]
> Sent: Friday, December 19, 2008 11:28 AM
> To: lrosen@xxxxxxxxxxxx; IETF discussion list
> Subject: RE: IPR Questions Raised by Sam Hartman at the IETF 73 Plenarys
> 
> 
> Larry - thank you for your contribution!
> 
> > I further want to comment that, as far as I can tell, it may
> > not even be
> > necessary to get *everyone* to sign. Here's the reason: Most
> > RFCs are joint
> > works. Quoting (FWIW) from my own book on the subject of licensing:
> >
> > "In the United States, unless they agree otherwise, each of the joint
> > authors may separately license a joint work--and all of its
> > parts--without
> > the consent of any of the other joint authors, and every
> > author must account
> > to the other authors for their share of the profits derived from the
> > license. Consult local law to determine whether one owner of
> > a joint work
> > may license without the consent of the others or must account
> > to the others
> > for his or her licensing revenue."
> 
> The problem lies with collective works, rather than joint works.  In
> some cases, the multiple authors of IETF documents have each made
> distinct contributions (i.e., sections or distinct text) rather than
> collaborating to produce joint text.  Unfortunately it is not possible,
> in hindight, to determine whether works with multiple authors are joint
> works or collective works.

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