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

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At 09:29 09-02-2009, Contreras, Jorge wrote:
Ok, I think (hope) I understand the intention now.  How about the

John posted a reply ( http://www.ietf.org/mail-archive/web/ietf/current/msg55265.html ) to my message yesterday. Although there hasn't been any discussion about the second item on his list, we agree that RFC 5378 applies to the new parts of the work. I won't get into the details of that. I think that items 1, 3 and 4 clearly spells out the intention.

The "Proposed Yesterday" text blurs the distinction between c.i/ii
and c.iii.  I think that this could be done more clearly, as suggested
in NEW PROPOSED below.  In the first sentence of c, the old concept of
clauses
i and ii is preserved.  The new concept in iii is treated in the next
sentence.


NEW PROPOSED


c. Derivative Works and Publication Limitations.  If a Contributor
desires to limit the right to make modifications and derivative works
of, or to publish, an IETF Contribution that is not a standards-track
document or, in most cases, a working group document, then one of the
notices in clause (i) or (ii) below must be included.  If an IETF
Contribution contains pre-5378 Material as to which the IETF Trust has
not been granted, or may not have been granted, the necessary
permissions to allow modification of such pre-5378 Material outside the
IETF Standards Process, then the notice in clause (iii) may be included
by the Contributor of such IETF Contribution to limit the right to make
modifications to such pre-5378 Material outside the IETF Standards
Process.

As John said, the IETF is utterly indifferent to what the new Contributor desires. Quoting him:

'The key here is clearly what the submitting author(s) are "able" to do, not what
  they "wish", "elect", "would be willing to do if they could", etc. " '

Does your "If a Contributor desires to limit the right to make modifications ..." convey that?

The "an IETF Contribution that is not a standards-track document or, in most cases, a working group document" is not correct in my opinion. Would it be possible to refer to the IETF Standards Process? It is defined in RFC 3978.


Does the following convey the idea:

c. Derivative Works and Publication Limitations. If a Contributor does not reasonably and personally know whether modifications and derivative works of pre-5378 Material can be made, or published, for contributions within the IETF Standards Process, then one of the following notices in clause (i) or (ii) below must be included. If an IETF Contribution contains pre-5378 Material as to which the IETF Trust has not been granted, or may not have been granted, the necessary permissions to allow modification of such pre-5378 Material outside the IETF Standards Process, then the notice in clause (iii) may be included by the Contributor of such IETF Contribution to limit the right to make modifications to such pre-5378 Material outside the IETF Standards Process.


NEW PROPOSED c.iii. introduction (Notice stays the same)


For consistency and clarity the introduction to c.iii is made to conform
with 6.c as follows


iii. If an IETF Contribution contains pre-5378 Material as to which the
IETF Trust has
not been granted, or may not have been granted, the necessary
permissions to allow modification of such pre-5378 Material outside the
IETF Standards Process:

That sounds fine.

Regards,
-sm
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