RE: An Antitrust Policy for the IETF

["Richard Shockey" <richard@xxxxxxxxxx>]

+1 

 

It would be helpful in the non normative statement to the community to cite what suits were are involved, what was the cause of action and what if any decisions were rendered in these cases.

 

US antitrust law, for instance has  specific exemptions for SDO’s.

 

http://en.wikisource.org/wiki/Public_Law_108-237/Title_I

 

There are some requirements under this act that SDO’s need to file a statement of purpose. I don’t know if we ever did that.

 

In general, however this sounds like a sound and valuable move.

 

From: ietf-bounces@xxxxxxxx [mailto:ietf-bounces@xxxxxxxx] On Behalf Of Ted Hardie
Sent: Monday, November 28, 2011 2:27 PM
To: IETF Chair
Cc: IETF; IESG
Subject: Re: An Antitrust Policy for the IETF

 

On Mon, Nov 28, 2011 at 11:10 AM, IETF Chair <chair@xxxxxxxx> wrote:

Sorry, can you expand on the threat model here?  Are we developing one in order to defend against some specific worry about our not having one?  Because it has become best practice in other SDOs?  Because the insurance agent wishes to see something in particular?

I hesitate to develop something that we have not needed in the past unless it is clear what benefit it gives us.  In particular, if we develop one without some particular characteristic, do we lose the benefits of being where we are now?

 

Recent suits against other SDOs is the source of the concern.  The idea is t make it clear which topics are off limits at IETF meetings and on IETF mail lists.  In this way, if such discussions take place, the good name of the IETF can be kept clean.

 

Russ

Hmm,  I would characterize our previous policy as a quite public statement that no one is excluded from IETF discussion and decision making,  along with with reminders that what we are deciding is the technical standard, not the resulting marketplace.  What we can say beyond that without diving into national specifics is obscure to me. 

I agree with Dave that the first work product of an attorney should be a non-normative explanation to the community of how having such a policy helps and what it must say in order to get that benefit. 

(I have to say that my personal experience is that prophylactic measures against law suits tend to change the terms of the suits but not their existence.  In this case, suing someone because they did not enforce the policy or the policy did not cover some specific jurisdiction's requirements perfectly, seems like the next step.  Your mileage may vary.)

regards,

Ted

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