RE: [Trustees] Last Call for Comments: Proposed work-around to thePre-5378 Problem

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Sorry for jumping into this thread late, but I would recommend leaving
6.c and 6.c.iii as proposed in the TLP draft that was circulated.

6.c.iii

> 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:
> 
> "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.

I think "does not wish" is right, as it gives the new Contributor
maximum flexibility in withholding the right to make non-IETF derivative
works if his Contribution includes pre-5378 Material.  I don't see any
of the proposed changes making this clearer or better.  

PROPOSED

> > iii. If a Contribution includes Pre-5378 Material for which the
> >     Contributor of the pre-5378 material has not or may not have
> >     granted the necessary permissions to the IETF Trust to allow
> >     modifications of such Pre-5378 Material to be made outside the
> >     IETF Standards Process:

This language seems unnecessarily dense, and since it includes "may
not", it has the same effect as "does not wish", doesn't it?  In other
words, if a Contribution includes pre-5378 Material, the (new)
Contributor should have the absolute discretion whether or not to
withhold the derivatives right and should not have to make any kind of
legal determination whether or not the old Contributor has granted
necessary permissions.

6.c

OLD

c. 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.

PROPOSED
> 	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.

Same issue (other than the problem that there is no antecedent to the
pronoun "its" in line 2).  Using "that limits" in line 3 implies that
the new Contributor must make a legal determination about the rights in
pre-5378 Material, which I do not think is the desired approach.

> -----Original Message-----
> From: trustees-bounces@xxxxxxxx 
> [mailto:trustees-bounces@xxxxxxxx] On Behalf Of Thomas Narten
> Sent: Friday, February 06, 2009 2:02 PM
> To: Ray Pelletier
> Cc: Trustees; wgchairs@xxxxxxxx; ietf@xxxxxxxx; iab@xxxxxxx; 
> iesg@xxxxxxxx; rfc-editor@xxxxxxxxxxxxxx
> Subject: Re: [Trustees] Last Call for Comments: Proposed 
> work-around to thePre-5378 Problem
> 
> Ray,
> 
> > > 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:
> 
> > The language suggests a tasking to obtain 5378 licenses from
> > contributors of pre-5378 material.  I think that is something we
> > want to avoid.  I think the following language obtains the same
> > results but with less stress on the participants.
> 
> I agree, but that might also be seen to be getting closer to
> overruling what RFC 5378 says, something that I understand to be out
> of scope.
> 
> > iii. If a Contribution includes Pre-5378 Material for which the
> >     Contributor of the pre-5378 material has not or may not have
> >     granted the necessary permissions to the IETF Trust to allow
> >     modifications of such Pre-5378 Material to be made outside the
> >     IETF Standards Process:
> 
> IMO, this is improved wording I support it.
> 
> Thanks,
> Thomas
> _______________________________________________
> Trustees mailing list
> Trustees@xxxxxxxx
> https://www.ietf.org/mailman/listinfo/trustees
> 
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