Re: Problem with new Note Well

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Dave Crocker <dhc@xxxxxxxxxxxx> wrote:
> 
> There are a number of different problems, and only some of them have 
> been articulated.  Worse, the problems include the IPR rules themselves, 
> not just the Note Well:
> 
> 0. We have had IPR rules and a Note Well for many years and have 
>    revised both a number of times.

   I'd bet 90% of folks who read the Note Well aren't even aware that
BCP 79 is a concatenation of RFC 3979 and RFC 4879.

   :^(

   It is a sad fact that having read BCP 79 eight years ago isn't "enough".

>  Normally, work we do that has been around that long warrants being
> called "mature", which means that it works well and is well understood.

   Delusions _are_ functional! ;^)

> The latest discussion demonstrates that that model does not apply to
> the IETF's IPR handling...

> 1. The participants in the discussion are extremely experienced 
>    with the IETF and with this topic.  Yet they demonstrated a strong 
>    /lack/ of rough consensus about what the /current/ IPR rules mean.

   +1

> 2. The current rules are too complex for use by average engineers.
>    Engineers are not attorneys, nevermind IPR attorneys...

   Folks are pretty much forced to "click-through" any legalese today.
We are only deluding ourselves to think it "means" anything.

> 3. The current IPR rules appear to impose an unreasonable demand 
>    on IETF participants, such as conflicting with employment
>    arrangements...

   By the time the average attendee hears the Note Well read in a
meeting, the employer has already agreed to pay for airfare and hotel.
Do we really expect that he who pays the piper doesn't call the tune?

> 4. The current Note Well is too complex and apparently erroneous... 

   I am sympathetic to Pete's desire to impress on hearers that there
_are_ rules about disclosing IPR. But we shouldn't go so far as to
exclude Cisco employees.

> 5. Expecting an average IETF engineer to consult 4 different BCPs,
>    in order to understand what is required of them is not reasonable. 
>    Nor is all [of] each document relevant...

   It's actually worse, since BCPs can change... :^(

> 6. Having a range of experienced, diligent IETF participants 
>    demonstrate substantive disagreement about the meaning of our
>    current IPR rules undermines whatever utility the rules might
>    have...

   I wouldn't go quite that far... lawyers _love_ disagreements about
what a document "means." We can't avoid this! :^(

   But IMHO, the Note Well read at the beginning of meetings shouldn't
attempt to summarize the rules: merely "BCP 79 as of January 2014"
seems sufficient.

   (Which is not to say that a more extensive "Note Well" during the
registration process wouldn't be appropriate...)

--
John Leslie <john@xxxxxxx>




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