On 11/6 the IETF Chair proposed the following wording:
- If you are aware that a contribution of yours (something you write,
say, or discuss in any IETF context) is covered by patents or patent
applications, you need to disclose that fact.
I'm surprised that a standards organization would use the phrase "need to"
instead of one of the REQUIRED words typically used in standards. (See
http://tools.ietf.org/html/bcp14)
So how about:
- If you are aware that a contribution of yours (something you write,
say, or discuss in any IETF context) is covered by patents or patent
applications, you MUST disclose that fact.
Meanwhile, I am enjoying the discussion about the expected timeliness of
such REQUIRED disclosures. This is indeed a difficult issue with tradeoffs
for IP owners and those who implement IETF standards. In particular, I want
to see how IETF balances Stephan Wenger's accurate statement that
"[r]estricting the freedom of business [by requiring early disclosures] is
usually not a useful thing for a business [that owns IP]" with the corollary
that "late disclosures may restrict the freedom of business of every other
business." But perhaps, as Stephen also suggests, that hasn't proven to be a
real, measurable problem (yet) at IETF?
/Larry
Lawrence Rosen
Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com)
3001 King Ranch Rd., Ukiah, CA 95482
Office: 707-485-1242
-----Original Message-----
From: IETF Chair [mailto:chair@xxxxxxxx]
Sent: Tuesday, November 06, 2012 7:01 AM
To: IETF Announce
Cc: IETF
Subject: IESG Considering a Revision to NOTE WELL
The IESG is considering a revision to the NOTE WELL text. Please review and
comment.
Russ
=== Proposed Revised NOTE WELL Text ===
Note Well
This summary is only meant to point you in the right direction, and doesn't
have all the nuances. The IETF's IPR Policy is set forth in BCP 79; please
read it carefully.
The brief summary:
- By participating with the IETF, you agree to follow IETF processes.
- If you are aware that a contribution of yours (something you write,
say, or discuss in any IETF context) is covered by patents or patent
applications, you need to disclose that fact.
- You understand that meetings might be recorded, broadcast, and
publicly archived.
For further information: Talk to a chair, ask an Area Director, or review
BCP 9 (on the Internet Standards Process), BCP 25 (on the Working Group
processes), BCP 78 (on the IETF Trust), and BCP 79 (on Intellectual Property
Rights in the IETF).