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on the matter of issue of relations between the “formal” standards
community and the “open source” community , not exactly the issue of this
email thread but close ... I am on an ANSI IPR
policy committee Copyright-in-Software Task Force working on a
draft paper that describes matters an SDO might contemplate when writing a
standard that includes some mandatory use of software ... welcome insight that I
might contribute to the ANSI TF
George T.
Willingmyre
President GTW Associates From: Miaofuyou (Miao Fuyou)
Sent: Sunday, September 13, 2015 10:10 PM
To: Benson Schliesser ; Sam Hartman
Subject: RE: [hackathon] What is the IPR policy for Hackathon? RE:
[94all] IETF 94 - Hackathon Information Thanks
for bringing this to IAOC, Benson! A
particular intricate problem is the potential IPR rule confliction between IETF
and other open source community/foundation, if a project is brought to Hackathon
from that community/foundation. This is especially problematic for patent, where
usually many open sources require free licensing, contrastively IETF requires
disclosure only if one knows. -
Miao From: Benson
Schliesser [mailto:bensons@xxxxxxxxxxxxx] On Wed, Sep 9, 2015 at 5:15 PM, Sam Hartman
<hartmans-ietf@xxxxxxx> wrote: >>>>> "Brian" == Brian E
Carpenter <brian.e.carpenter@xxxxxxxxx>
writes: I think that both of you are correct, as
quoted above. Of course, please note well that a
Contribution to the IETF does not necessarily have to take the form of a
document. Thus, I think it is reasonable to question whether code developed
during the Hackathon is considered a Contribution to the IETF. I am uncertain
whether Hackathon code is inherently Contributed by nature of being developed
under the Note Well etc, or whether its Contribution status is optional based on
the author's intent. I believe the latter is the case, but that is an open
question to be confirmed. I've asked the rest of the IAOC Legal Committee and
the IETF's counsel to discuss this question. Even if code developed at a Hackathon is a
Contribution (either inherently or optionally), under IETF IPR rules the
original author retains ownership rights to the work and thus should be able to
contribute it to non-IETF open source projects as long as those projects accept
contributions under a compatible license. Likewise, existing "outside" open
source code that is used at a Hackathon is not necessarily a Contribution to the
IETF unless the IPR owner (e.g. original author) intends for it to be
Contributed. Both of these aspects (outgoing and incoming code) need to be
described more clearly for the benefit of the Hackathon community, and so I've
also asked the IAOC Legal Committee and IETF counsel to discuss this topic as
well. We will attempt to provide some additional
guidance to the community after we've performed appropriate
diligence. -Benson |