Re: An Antitrust Policy for the IETF - why?

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+1 to all of John's points here. Especially about the essential nature
of lawyers - I've worked with plenty of them as well.

				Ned

> > The IETF legal counsel and insurance agent suggest that the IETF
> > ought to have an antitrust policy.

> I would be interested in a brief explanation of why we need one now,
> since we have gotten along without one for multiple decades.

> Having worked with a lot of lawyers, my experience is that few lawyers
> understand cost-benefit tradeoffs, and often recommend spending
> unreasonably large amounts of money to defend against very remote
> risks.  Similarly, insurance agents will usually tell you to insure
> against anything.  (This is why NDAs are 12 pages long, and the
> standard deductible on policies is usually an order of magnitude too
> small.)

> I don't know the particular lawyer and agent involved, and it's
> possible they're exceptions to the rule, but before spending much
> money, I would want to understand better what problem we are trying to
> solve and what the realistic risk is.  Also keep in mind that the main
> effect of such a policy would be to shift whatever the risk is from
> the IETF onto participants.  It might also be educational, here's
> things that might lead to personal legal risk if you talk about them,
> but we don't need a formal policy for that.

> I understand that some other SDOs have antitrust policies, but they
> generally have organizational members, and other differences from the
> IETF that make them only weakly analogous.

> R's,
> John
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