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I want to propose placing some very specific language into the IETF
IPR PROCESS, meaning there needs to be something like the following
added to BCP78 and the Copyright Boilerplate. Also we need to start tracking the original copyright dates and the updated changed protocol copyright dates because they have legal implications. Here is my proposed text additions; This is actually much more serious now that the timestamp litigation is complete and IETF lost - both Settlements were formally affirmed as fully enforceable in their existing state meaning they now control all uses of US6370629 and US6393126 in any IETF protocol. The thing they do is make it impossible to apply anything but California Law to their use without a formal release from the Settlement partners. It means RFC3161 timestamping in say Austria is in fact controlled by California law and the treaties make this air-tight. But that is just the tip of the iceberg. So... this is my proposal for changing the existing release info. The thing I propose is really strong language making it the ADOPTING PARTIES resoponsibility to ensure they dont have license-based code restrictions in their products. THE IETF REQUIRES ANY PARTY USING ITS PROTOCOL TEMPLATES (ITS RFC AND I-D DOCUMENTS) TO OBTAIN RELEASES FORMALLY FROM ALL PARTIES WITH LEGITIMATE IPR NOTICES AND ANY THIRD PARTIES CONTROLLING INTELLECTUAL PROPERTIES CONTAINED INSIDE IETF STANDARDS OR NETWORK PROTOCOL DESIGNS.
THE IETF CANNOT AND DOES NOT PROVIDE ANY FORMAL OR IMPLIED RELEASE FOR ANY PRODUCTION USE OF ANY PARTIES INTELLECTUAL PROPERTIES AND USE OF IETF PROTOCOLS WITH PROPRIETARY INCLUSIONS MAY HAVE SIGNIFICANT FINANCIAL IMPLICATIONS FOR BOTH PARTIES PRODUCING PRODUCTS AS SUCH AND THEIR END-USER CLIENTS OR RESELLER/DISTRIBUTORS. IETF FORMALLY DECRIES AND DENIES ANY RESPONSIBILITY FOR THIRD PARTY USE IN ANY FORM OF ITS NETWORK STANDARDS. -- Regards, Todd Glassey Standard Confidentiality Provisions and Disclaimer Provisions apply;This message, along with any attachments, is intended solely for the recipient and is considered confidential information and may well be legally privileged. If you are not the intended recipient, please notify us immediately by reply e-mail and then delete this message from your system. Thank you for your cooperation. This message, along with any attachments, is intended solely for the recipient and is considered confidential information and may well be legally privileged. If you are not the intended recipient, please notify us immediately by reply e-mail and then delete this message from your system. Thank you for your attention and cooperation. |