Re: Last Call for Comments: Proposed work-around to the Pre-5378 Problem

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A couple of issues with the motivating text:

> Derivative Works and Publication Limitations.  If a Contributor
> desires to limit the right to make modifications and derivative
> works of an IETF Contribution, or to limit its publication, one of
> the following notices must be included.

For cases i) (publication as RFC only) and ii) (publication only as
ID), the above is fine, because "the Contributor" refers to the author
of the document.

But for case iii), there are two "contributors" at issue. The one
submitting the document, and possible pre-5378 contributors who's text
has been included in the document.

For case iii), it should remain clear that the document
author/contributor is agreeing to the full 5378 coverage for his/her
contribution (made subequent to 5378), but that they take no position
regarding the pre-5378 text that may have been incorporated.

Thus:

> iii. If a Contribution includes Pre-5378 Material and the
>  Contributor does not wish to allow modifications of such Pre-5378
>  Material to be made outside the IETF Standards Process:

"does not wish" is not right. The issue is that the current author of
the document is unable (for whatever reason) to make assertions about
the pre-5378 material.

The actual text that goes into the contribution under this condition
seems OK, but the motivating text needs to be fixed to make the intent
clear.

I'd suggest:

Old:

> Derivative Works and Publication Limitations.  If a Contributor
> desires to limit the right to make modifications and derivative
> works of an IETF Contribution, or to limit its publication, one of
> the following notices must be included.

New

	c. Derivative Works and Publication Limitations.  If a
	Contributor desires to limit its publication, or the
	Contribution includes pre-5378 Material that limits the right
	to make modifications and derivative works of an IETF
	Contribution, one of the following notices must be included.
	The notices set forth in clauses (i) and (ii) below may not be
	used with any standards-track document, nor with most working
	group documents.


and

OLD:

> iii. If a Contribution includes Pre-5378 Material and the
>  Contributor does not wish to allow modifications of such Pre-5378
>  Material to be made outside the IETF Standards Process:

NEW:

    iii. If a Contribution includes Pre-5378 Material and the
    Contributor is unable (for whatever reason) to obtain the
    necessary permissions to allow modifications of such Pre-5378
    Material to be made outside the IETF Standards Process:

Thomas
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