----- Original Message ----- From: "Andrew Sullivan" <ajs@xxxxxxxxxxxx> To: <ietf@xxxxxxxx> Sent: Thursday, January 15, 2009 4:52 AM Subject: Re: RFC 5378 "contributions" > On Wed, Jan 14, 2009 at 08:33:35PM -0500, Contreras, Jorge wrote: > > No, absolutely not. Use of pre-5378 materials in the IETF standards process has never been an issue, only use outside the IETF is problematic (ie, allowed under 5378 but not the earlier rules). > > Why is the actual situation of the use relevant? Because when an I-D is submitted, the submitter is confirming by the boiler plates included in the I-D, that they have gotten the relevant permissions to allow the IETF Trust to exercise the greater powers that RFC5378 gives them. So my take is that any substantial Contribution (as defined) must have the necessary permissions. Post November 9th Contributions of any kind were under the new rules, even if you had yet to be told so. Tom Petch > "Contribution" is > defined in section 1a of RFC 5378, and it plainly says that mailing > list posting and anything one says at the microphone in any meeting is > included in the definition. In section 5.1, RFC 5378 says that, by > submitting the Contribution, the Contributor is "deemed to have agreed > that he/she has obtained the necessary permissions" to enter into the > agreement allowing the IETF to use the Contribution according to the > new rules. > > So, just because the Contribution doesn't _happen_ to end up in use > outside the IETF by virtue of the IETF's actions does not mean that a > Contributor doesn't have to obtain the rights to allow such re-use. I > believe that the _intent_ of 5378 is as you say, but the way it is > written does not seem to restrict it in the way you say it does, at > least when I read it as plain English prose. I'm not qualified to say > whether there are other relevant legal considerations. > > Whether there is any practical effect to this state of affairs is > quite another matter, too, of course. I find it hard to believe that > there'd be a practical consequence; but then, I have found several > actual legal decisions of the past to be hard to believe, too. > > A > > -- > Andrew Sullivan > ajs@xxxxxxxxxxxx > Shinkuro, Inc. > _______________________________________________ > Ietf mailing list > Ietf@xxxxxxxx > https://www.ietf.org/mailman/listinfo/ietf _______________________________________________ Ietf@xxxxxxxx https://www.ietf.org/mailman/listinfo/ietf