Dear Glenn,
At 10:06 AM 16-01-2020, Deen, Glenn (NBCUniversal) wrote:
At the heart of discussing disclosure a key question is what aspects
would possibly be a conflict of interest for a Trustee that would be
revealed via the disclosure. The Trust's focus on IP asset
management which means ensuring licenses are properly done, where
needed defensive protective actions are taken, and that needed legal
processes are properly followed and timely makes the potential
conflicts very different and will require some new thinking through
what would constitute a conflict.
Yes.
Clearly a Trustee that is/was a plaintiff or is/has been engaged on
the side of a plaintiff in a lawsuit against the IETF LCC or IETF
Trust would be a clear conflict. Another is a situation of an
anti-IP activist who is fundamentally opposed to the role of the
Trust or the way that IP assets are legally managed as they may be
unwilling to perform the duties of a Trustee. What other
situations there might be will need thinking through, as well as the
question of what specific information disclosure would in fact be
asked by Trustees to address the scenarios.
One of the stated purposes of the IETF Trust is that it is for the
advancement of education and public interest ... It is difficult to
argue that the trustee is acting as a disinterested party when there
is a conflict of interest. It also raises questions about whether
the action was in the public interest or whether it was self-interest.
I gather that a Trustee would understand that it is a bad idea to be
affiliated with a party which files a lawsuit against the IETF
Trust. As for the unwillingness of a Trustee to perform his/her
duties, it would be good to understand what the problem is instead of
reaching hasty conclusions.
Regards,
S. Moonesamy
