Re: An Antitrust Policy for the IETF

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At 10:50 28-11-2011, IETF Chair wrote:
The IETF legal counsel and insurance agent suggest that the IETF ought to have an antitrust policy. To address this need, a lawyer is needed. As a way forward, I suggest that IASA pay a lawyer to come up with an initial draft, and then this draft be brought to the community for review and comment (and probably revision). I think a new mail list should be used for the discussion. Once the new mail list reaches rough consensus on the antitrust policy document, I suggest using the usual process for adopting the policy as an IETF BCP.

There isn't any information about why an antitrust policy is needed except for a suggestion from an insurance agent.

As far as I know:

  (a) The IETF is not a legal entity

  (b) The IETF Trust holds and manages rights on behalf of the IETF

  (c) The IETF does not have any members

  (d) People participate in the IETF as individuals

  (e) This Standard-Setting Organization (SSO) is open

  (f) The IETF does not vote

If decisions are taken by consensus and the decision-making is fair, there isn't a capturing party.

Could more information be provided about:

(i) Whether the antitrust policy should be applicable for the U.S. and the E.U.

(ii) Which insurance triggered the discussion about having an antitrust policy

  (iii) Which body faces the risk of anti-competitive litigation

Regards,
-sm
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