Re: ANNOUNCEMENT: The IETF Trustees invite your comments on revised proposed legend text to work-around the Pre-5378 Problem

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--On Friday, January 23, 2009 0:29 -0500 Ed Juskevicius
<edj.etc@xxxxxxxxx> wrote:

> This message is in follow-up to the IETF Trustees' request for
> community review (announced on January 6, 2009) on some new
> legend text intended to help authors work around the "pre-5378
> problem".  
>... 
> The updated proposed legend text based on the discussion to
> date is as follows: 
> 
> This document may contain material from IETF Documents or IETF
> Contributions published or made publicly available before
> November 10, 2008. The person(s) controlling the copyright in
> some of this material may not have granted the IETF Trust the
> right to allow modifications of such material outside the IETF
> Standards Process. Without obtaining an adequate license from
> the person(s) controlling the copyright in such materials,
> this document may not be modified outside the IETF Standards
> Process, and derivative works of it may not be created outside
> the IETF Standards Process, except to format it for
> publication as an RFC and to translate it into languages other
> than English.

Ed,

I can live with this and believe that getting something workable
that will unlock the posting queue approved is more important
that getting the wording exactly right.  And that general
observation and preferences applies to the comment I'm about to
make.

The first sentences of this are fine.  However, I wonder if
"Without obtaining... this document may not be modified
outside..." is a stronger assertion than the Trust is in a
position to make.  Would it not be preferable (and several words
shorter) to just say something like "The IETF Trust cannot give
permission for modifications of this document outside the IETF
Standards Process, nor for derivative works outside the IETF
Standards Process, except ..." (translated into appropriate
legal language, of course).  

That way, you are giving no advice at all about licenses or
people who might have rights.  You also aren't telling people
what they can't do, only what you don't have enough permission
or ownership to tell them they can do.   That just feels better
to me.

But, again, if the Trustees and Counsel are happy with the text
as circulated, I'm in favor of it and opposed to your even
considering the above comments if your doing so would result in
any additional delay in legitimizing the workaround.

    john


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