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Versions: 00 RFC 4879

INTERNET-DRAFT                                             Thomas Narten
                                                                     IBM
<draft-narten-ipr-3979-3rd-party-fix-00.txt>            October 13, 2006

      Clarification of the 3rd Party Disclosure procedure in RFC 3979

               <draft-narten-ipr-3979-3rd-party-fix-00.txt>


Status of this Memo

   By submitting this Internet-Draft, each author represents that any
   applicable patent or other IPR claims of which he or she is aware
   have been or will be disclosed, and any of which he or she becomes
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Abstract

   This document clarifies and updates a single sentence in RFC 3979.
   Specifically, when 3rd party IPR disclosures are made, the intention
   is that the IETF Executive Director notify the IPR holder that a 3rd
   party disclosure has been filed, and to ask the IPR holder whether
   they have any disclosure that needs to be made, per applicable
   RFC3979 rules.








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INTERNET-DRAFT                                          October 13, 2006


Contents

   Status of this Memo..........................................    1

   1.  Introduction.............................................    2

   2.  The Fix..................................................    2

   3.  Security Considerations..................................    3

   4.  IANA Considerations......................................    3

   5.  Acknowledgments..........................................    3

   6.  Notes (To be removed upon RFC Publication)...............    3

   7.  Normative References.....................................    3

   8.  Author's Address.........................................    3


1.  Introduction

   This document clarifies and updates a single sentence in RFC 3979
   [RFC3979]. Specifically, when 3rd party IPR disclosures are made, the
   intention is that the IETF Executive Director notify the IPR holder
   that a 3rd party disclosure has been filed, and to ask the IPR holder
   whether they have any disclosure that needs to be made, per
   applicable RFC3979 rules.

   This document updates RFC 3979.


2.  The Fix

   RFC3979, Section 4 (C), states:

    (C) Where Intellectual Property Rights have been disclosed for IETF
        Documents as provided in Section 6 of this document, the IETF
        Executive Director shall request from the discloser of such IPR,
        a written assurance that upon approval by the IESG for
        publication as RFCs of the relevant IETF specification(s), all
        persons will be able to obtain the right to implement, use,
        distribute and exercise other rights with respect to
        Implementing Technology under one of the licensing options
        specified in Section 6.5 below unless such a statement has
        already been submitted.




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INTERNET-DRAFT                                          October 13, 2006


   In the case of third party disclosures, it makes no sense to ask the
   discloser about potential licensing terms, since they do not own the
   IPR. Instead, it only makes sense to ask the IPR holder.

   This document updates RFC3979 by changing the word "discloser" to
   "IPR holder" in the above text.


3.  Security Considerations

   This document has no known security implications.


4.  IANA Considerations

   This document makes no requests to IANA.


5.  Acknowledgments


6.  Notes (To be removed upon RFC Publication)

   This topic was discussed during the March, 2006 IPR WG meeting in
   Dallas. See the minutes under the section "3rd Party Disclosure
   Verification" at
   http://www3.ietf.org/proceedings/06mar/minutes/ipr.txt.

   The topic was also discussed on the mailing list after the Dallas
   meeting.


7.  Normative References

   [RFC3979] "Intellectual Property Rights in IETF Technology," S.
        Bradner, Ed.,
             RFC 3979, March 2005.


8.  Author's Address

   Thomas Narten
   IBM Corporation
   3039 Cornwallis Ave.
   PO Box 12195 - BRQA/502
   Research Triangle Park, NC 27709-2195

   Phone: 919-254-7798



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INTERNET-DRAFT                                          October 13, 2006


   EMail: narten@us.ibm.com


Intellectual Property Statement

   The IETF takes no position regarding the validity or scope of any
   Intellectual Property Rights or other rights that might be claimed to
   pertain to the implementation or use of the technology described in
   this document or the extent to which any license under such rights
   might or might not be available; nor does it represent that it has
   made any independent effort to identify any such rights.  Information
   on the procedures with respect to rights in RFC documents can be
   found in BCP 78 and BCP 79.

   Copies of IPR disclosures made to the IETF Secretariat and any
   assurances of licenses to be made available, or the result of an
   attempt made to obtain a general license or permission for the use of
   such proprietary rights by implementers or users of this
   specification can be obtained from the IETF on-line IPR repository at
   http://www.ietf.org/ipr.

   The IETF invites any interested party to bring to its attention any
   copyrights, patents or patent applications, or other proprietary
   rights that may cover technology that may be required to implement
   this standard.  Please address the information to the IETF at ietf-
   ipr@ietf.org.


Disclaimer of Validity

   This document and the information contained herein are provided on an
   "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS
   OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY AND THE INTERNET
   ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
   INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE
   INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED
   WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.


Copyright Statement

   Copyright (C) The Internet Society (2006).

   This document is subject to the rights, licenses and restrictions
   contained in BCP 78, and except as set forth therein, the authors
   retain all their rights.

   This document and the information contained herein are provided on an



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INTERNET-DRAFT                                          October 13, 2006


   "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS
   OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY AND THE INTERNET
   ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
   INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE
   INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED
   WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.













































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