Hi, On Tue, Nov 29, 2011 at 1:38 AM, SM <sm@xxxxxxxxxxxx> wrote: > 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 No matter now many times people repeat it, the above is just nonsense. At least in common law countries, unincorporated associations are legal entities. Furthermore, the IETF is enough of a separate entity to have legal interests defended by separate legal counsel. > (b) The IETF Trust holds and manages rights on behalf of the IETF > > (c) The IETF does not have any members The governance of the I* is complicated but I don't think any court would have any trouble finding that, for some purposes, the membership of the IETF is those qualified to serve as voting noncom members. > (d) People participate in the IETF as individuals > > (e) This Standard-Setting Organization (SSO) is open > > (f) The IETF does not vote Legally, I don't think there is much difference between many IETF decision procedures and the voice voting commonly used in various assemblies. Thanks, Donald ============================= Donald E. Eastlake 3rd +1-508-333-2270 (cell) 155 Beaver Street, Milford, MA 01757 USA d3e3e3@xxxxxxxxx > 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 _______________________________________________ Ietf mailing list Ietf@xxxxxxxx https://www.ietf.org/mailman/listinfo/ietf