Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

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On Wed, Sep 5, 2012 at 3:49 AM, John Levine <johnl@xxxxxxxxx> wrote:
>> This discussion of DMCA is useful to me as a non-US resident.
>>
>> Are we sure that the boilerplate included in I-Ds does not constitute a
>> statement by the authors that they have not, as far as they are aware,
>> infringed any copyright? In other words, isn't the boilerplate a
>> pre-emptive counternotice?
>
> It's not, and even if it were, would you want to find out
> retroactively that you've agreed to pay the IETF's legal expenses if
> someone sues about an I-D you posted?.  For more information, please
> see this link in the message you just sent.
>
>>> (http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limita$
>
> I agree with Elliott that we need a reasonable DMCA policy, keeping in
> mind that it's pretty rare for a document, particularly a non-archival
> one, to be worth the hassle of fighting a DMCA notice.  Fighting the
> TZ takedown was absolutely worth it, but it was unusual in the
> material attacked was of high value, and the basis for the notice was
> unusually bogus.  Even so, someone had to pay for lawyers to prepare
> the briefs and appear in court, and I wouldn't want the IETF to
> promise to do that casually.

Also it might be useful for the submitter to sign (rather tick a
tickbox/radio button) an indemnification clause for the IETF before
submitting an I-D.

-- Vinayak


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