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

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This works for me.

Ray


On Feb 9, 2009, at 1:01 PM, John C Klensin wrote:

Jorge,

Yes, that takes us much closer, perhaps all the way there, at least for the purposes of this workaround/patch.

IMO, at least.
   john



--On Monday, February 09, 2009 12:29 PM -0500 "Contreras, Jorge" <Jorge.Contreras@xxxxxxxxxxxxxx > wrote:

Ok, I think (hope) I understand the intention now.  How about
the following as a friendly clarifying amendment to the
proposed text:
...
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.
...

Much better. This still, IMO, has the matter of discretion wrong (i.e., it does not appear to apply the extended modification rights even to the new material), but I think it is workable until we can really get things straightened out.

Note to anyone planning an IPR (or 5378-fixup) BOF for IETF 74: in the long term, the question of whether material created and contributed to the IETF after the effective date of 5378 can effectively be exempted from its key provisions by being used in a document containing pre-5738 material is going to be important. Indeed, it is a key part of determining how long the long term will have to extend. Jorge's text above seems to fuzz that issue over which, I believe, moves it onto the agenda of the BOF.

  john

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