Re: [codec] Last Call: <draft-ietf-codec-oggopus-10.txt> (Ogg Encapsulation for the Opus Audio Codec) to Proposed Standard

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What 'trouble' is there given that the right is limited so that any 
derivatives have to make it clear they aren't IETF work[1]?   I think the IETF 
has a strong interest in making sure that things that are not IETF works are 
not described as such (so I understand a general concern about unconstrained 
reuse), but that doesn't seem to be the case here.

Scott K


[1] "... no such derivative work shall be presented, displayed, or published 
in a manner that states or implies that it is part of this RFC or any other 
IETF Document."

On Friday, January 29, 2016 01:10:09 AM Joel M. Halpern wrote:
> If what is needed is the right to excerpt, with unmodified content
> (format modification clearly would be allowed) portions of the RFC, I
> would support that.  I understand your reasons, as set forth below, for
> seeing that as useful.
> 
> But that is not what the text in the draft asks for.  It asks for the
> right to create derivative works.  In copyright terms, that means the
> right to modify the text.  That is where I have trouble.
> 
> Yours,
> Joel
> 
> On 1/29/16 12:24 AM, Ron wrote:
> > Hi Joel,
> > 
> > On Thu, Jan 28, 2016 at 03:23:37PM -0500, Joel M. Halpern wrote:
> >> The point of doing the work to create an RFC is to reach agreements on
> >> what the words should be.
> > 
> > Yes, and we spent a lot of time and put a lot of work into making sure
> > we picked the best words to clearly describe what it was that we wanted
> > to define.
> > 
> > Which is exactly why we want as many people as possible to reuse those
> > words *precisely*, rather than having to rewrite them or paraphrase them
> > willy-nilly, when they need them to appear in some other context where
> > reproducing the full document in its entirety would not be appropriate
> > or helpful for perfect understanding.
> > 
> > If I want to provide a function in a library which allows the caller to
> > construct or manipulate an OggOpus header structure, it would be much
> > better if I can quote the relevant parts of this document directly, with
> > some surrounding text that talks about the other constraints and return
> > codes of my function, than it would be for me to invent new ways of
> > describing that (for no other reason than I'm not permitted to cut and
> > paste that and manipulate it to fit my documentation coherently without
> > this extra grant).
> > 
> > I think you and I are in violent agreement here that we want these words
> > to be preserved as perfectly as possible everywhere they are used in
> > reference to this standard.
> > 
> >> Saying after that "oh, but anyone else can change these words any way
> >> they want" just does not work for me.
> > 
> > Fortunately, that's not what we are saying.  We expressly state that
> > you can not call anything you extracted from this an RFC.
> > 
> > We don't want people to misrepresent this, because we already spend
> > enough time correcting people who accidentally made some error in
> > their implementation.
> > 
> > We don't think that situation would be improved by *forcing* people
> > to change these words to use them in their own descriptions and
> > library/application documentation.
> > 
> >> More generally, I think we need to establish that this is not how we
> >> work,
> >> rather than letting folks do this more and more often.
> >> 
> >> In terms of documentation, I am actually very concerned with this
> >> apparent
> >> effort for us to support documenting of protocols and behaviors that do
> >> not
> >> comply with the RFC.  That is not our purpose.
> > 
> > Again, I think we are in violent agreement with what I *think* is your
> > real concern here.  You just appear to be misunderstanding what the
> > "apparent effort" is aimed at doing here - and how by not allowing
> > people to use selected and context appropriate parts of these words
> > verbatim, you are actually forcing them to create precisely the terrible
> > outcome that you fear.
> > 
> > Because the only other alternative to that, is they completely ignore
> > the licence grant on this document, and we turn a blind eye to that
> > and pretend they didn't do that and don't prosecute them for it.
> > 
> > Which isn't a good outcome either, for lots of reasons.  I know a lot
> > of corporate licence grants work that way, but I don't think we win
> > at this by forcing people who do respect licences to act in a way that
> > we seem to agree we all would rather they didn't (and so rewrite this
> > document in their own words which they can then redistribute).
> > 
> > On Thu, Jan 28, 2016 at 04:07:28PM -0500, Joel M. Halpern wrote:
> >> We (the IETF) had this discussion regarding our copyright rules.  We
> >> discussed the tension with reuse by open source documentation where the
> >> community could not commit to copying things without changing them  (If
> >> they could make that promise, there would be no problem as such copying
> >> is already permitted.)
> > 
> > I can't extract portions of this document, to copy verbatim just the
> > salient parts of it into a context where that is what needs to be
> > highlighted or explained.
> > 
> > At least not without this extra grant, which is why we want it, or
> > something like it, to be part of how these words are licenced for
> > reuse.
> > 
> > Doing that is indistinguishable from "modification".
> > 
> > We're running on the assumption that people with good intent should
> > be able to misrepresent this document as little as possible in their
> > genuine use of it, with the guarantee that people with bad intent
> > can't misrepresent their corruption of it as an RFC.
> > 
> > 
> > If you're coming at this with the mindset of it being some sort of
> > ideological war that those evil open source commies are waging on
> > our purity of essence, then I can see how you might be missing or
> > blinded to the real concern that we have about people using and
> > implementing this standard as accurately and correctly as possible.
> > 
> > What we'd like to see happen is that we *strengthen* the IETF's
> > authority as the source of the words that everyone uses in their
> > own dissemination of understanding this standard.  And you don't
> > do that by saying "you must paste in the entire War And Peace epic,
> > everywhere you want to do that, or you're allowed to use none of it".
> > 
> >> So either the open source communities needs to be able to change the
> >> text,
> >> or it does not need to be able to change the text, or it has created
> >> rules
> >> for itself where it needs to be permitted to change the text even though
> >> it
> >> does not actually want to change.
> > 
> > ... or they have decided that the only protection they have against
> > abuse of their own licence conditions is to strictly respect the
> > licences that others have given them.
> > 
> > Which means they are in a position of not being able to do things
> > which the IETF would probably agree is in its best interests and was
> > its intent, and which it can only otherwise turn a blind eye to when
> > people and companies who don't show that respect do things which the
> > letter of the licence grant did not allow them to do.
> > 
> > RFC 3951 was a poster child for the (I believe unintended) consequences
> > of that.  I'm sure there are certainly many others.
> > 
> > The IETF has shown that it has learnt from that, and improved things
> > somewhat.  And what we discussed and did for 6716 shows that there is
> > understanding about how we're still not quite where we really want to
> > be yet ...
> > 
> > Unless "where you want us to be" speaking as an individual is for these
> > standards to only be maximally useful to people who ignore the licence
> > granted to use them.  Which doesn't seem like a defensible position.
> > 
> > 
> > Let me quote the explanation I gave before this went to IETF LC, and
> > offer another example of why this is important, and why it is being
> > recognised more broadly by other standards organisations too ...
> > 
> > 
> > In https://www.ietf.org/mail-archive/web/codec/current/msg03163.html
> > 
> > I wrote:
> >> In the context of this draft, we *want* people to be able to use it.
> >> And personally, I'd much rather have them quote parts of it verbatim,
> >> modified to fit coherently into their own documentation, than have them
> >> paraphrase those parts of it to avoid the legal restriction - possibly
> >> introducing new ambiguities or misunderstandings, which may then become
> >> quoted even more widely than the original RFC, simply because people are
> >> allowed to reproduce that error in their own work, but aren't allowed to
> >> quote or redistribute the RFC directly ...
> >> 
> >> That outcome seems fairly directly counterproductive to what we want to
> >> achieve by having a formal standard that we'd like everyone to follow.
> >> 
> >> We'd have a kind of SDO version of Gresham's Law undermining the value
> >> and currency of the words we worked so hard to choose carefully here.
> >> The aim here is not to dilute the IETF's authority over this document,
> >> but to give that authority the greatest possible value we can.
> > 
> > The standing proof of that (though certainly not the only example) is
> > the POSIX manual pages.
> > 
> > A lot of programmers love manual pages as a primary source of
> > documentation, but for many years, we faced the same sort of
> > restrictions as we do here without this grant for creating and
> > distributing them.
> > 
> > 
> > And what was the result of that?
> > 
> > An entire shadow standard emerged, of manual pages rewritten from scratch
> > to describe the behaviour of POSIX functions in someone's own words.
> > Which people then used as their primary source of information about them,
> > and all of the errors, and omissions, and small differences became deeply
> > engrained in the body of extant code that people came to depend on.
> > 
> > Sometimes those errors would get noticed and fixed, and sometimes it was
> > far too late to put the djinn back in the bottle and the chaos that
> > caused would become the new reality everyone had to deal with.
> > 
> > I'm sure there's an awesome April 1 RFC waiting to be written where the
> > history of that happening to standards produced here is dissected as a
> > hilarious yet sad warning to future participants.
> > 
> > 
> > We can't (always) fix the past, but it is our responsibility to learn
> > from it and try not to stuff up the future.
> > 
> > In 2004, the IEEE and The Open Group granted permission to include
> > extracts of their documents in derived works which included manual pages
> > that detailed the known deviations which programmers may really have to
> > deal with in the wild when writing portable code.
> > 
> > In 2014, they renewed that grant for their latest publication of them,
> > so it would appear their experience after 10 years, was that the upside
> > benefits had clearly exceeded any downside risk.
> > 
> > https://lwn.net/Articles/581858/
> > 
> > 
> > If the wording of the extra grant that IETF-legal came up with for 6716
> > is somehow not optimal, I'd love for us to have that discussion and try
> > to address any substantive concerns people have.  But in order to do
> > that, I think those need to be expressed a bit more concretely than
> > "this is not how we do things", or "I'm afraid", or by picturing it as
> > some sort of "them against us" agenda which is only "apparent" to some
> > individual participants.
> > 
> > 
> > I personally have a strong interest in open source software, not as an
> > ideology, but because as a methodology It Works.  I likewise have a
> > strong interest in the success and the strength of the IETF as an SDO,
> > again, because the methodology used here Really Works to produce widely
> > accepted standards that people can really use.
> > 
> > I don't think either group can yet claim to be a "solved problem".
> > I think we both have a lot we can learn from each other still, and I
> > think we have enough overlap for that to occur naturally by osmosis.
> > I'd rather we didn't squander that by claiming there is a barrier
> > between us which is impermeable as a matter of dogma.
> > 
> > So if there is a real problem here, let's discuss what that is, not
> > handwave it away as some sort of outside conspiracy to destroy our
> > way of life.
> > 
> > The IETF is one of the best friends and resources that the developers
> > of openly interoperable systems have.  There's no way I'd want it on
> > my permanent record that I'd done anything to harm that in any way.
> > And I don't see how this would.  But if we've missed something that
> > we need to pay more attention to, that's where this process excels,
> > so let's use it and fix any actual devil we can see in the details.
> > 
> >    As an individual participant who helped author this draft,
> >    Ron




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