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Versions: 00 01 02 03 04 05 06 07 RFC 5377

IPR                                                      J. Halpern, Ed.
Internet-Draft                                                      Self
Expires: August 28, 2006                               February 24, 2006


        Advice to the IAOC on Rights to be Granted in IETF RFCs
                   draft-ietf-ipr-outbound-rights-00

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
   aware will be disclosed, in accordance with Section 6 of BCP 79.

   Internet-Drafts are working documents of the Internet Engineering
   Task Force (IETF), its areas, and its working groups.  Note that
   other groups may also distribute working documents as Internet-
   Drafts.

   Internet-Drafts are draft documents valid for a maximum of six months
   and may be updated, replaced, or obsoleted by other documents at any
   time.  It is inappropriate to use Internet-Drafts as reference
   material or to cite them other than as "work in progress."

   The list of current Internet-Drafts can be accessed at
   http://www.ietf.org/ietf/1id-abstracts.txt.

   The list of Internet-Draft Shadow Directories can be accessed at
   http://www.ietf.org/shadow.html.

   This Internet-Draft will expire on August 28, 2006.

Copyright Notice

   Copyright (C) The Internet Society (2006).

Abstract

   The IASA is resposible for managing intellectual property rights on
   behalf of the IETF.  This includes the license to copy, implement and
   otherwise use IETF contributions, among them Internet-Drafts and
   RFCs.  The IASA takes direction from the IETF regarding the rights to
   be granted.  This document describes the desires of the IETF
   regarding rights granted in IETF contributions.






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Table of Contents

   1.  Introduction  . . . . . . . . . . . . . . . . . . . . . . . . . 3
   2.  Requirements notation . . . . . . . . . . . . . . . . . . . . . 3
   3.  Purpose in Granting Rights  . . . . . . . . . . . . . . . . . . 3
     3.1.  Specific Issues . . . . . . . . . . . . . . . . . . . . . . 3
   4.  Powers and Authority  . . . . . . . . . . . . . . . . . . . . . 4
   5.  Recommended Grants of Right to Copy . . . . . . . . . . . . . . 4
     5.1.  Rights Grented for Reproduction of RFCs . . . . . . . . . . 4
     5.2.  Rights Granted for Quoting from RFCs  . . . . . . . . . . . 4
     5.3.  Rights Granted for Implementing based on RFCs . . . . . . . 4
     5.4.  Rights Granted for use of text from RFCs  . . . . . . . . . 4
   6.  References  . . . . . . . . . . . . . . . . . . . . . . . . . . 5
     6.1.  Normative References  . . . . . . . . . . . . . . . . . . . 5
     6.2.  Informative References  . . . . . . . . . . . . . . . . . . 5
   Author's Address  . . . . . . . . . . . . . . . . . . . . . . . . . 6
   Intellectual Property and Copyright Statements  . . . . . . . . . . 7


































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1.  Introduction

   Under the current operational and administrative structures, IETF
   intellectual property rights are vested in a trust administered by a
   board of trustees made up of the members of the IASA.  This includes
   copyrights in IETF Internet-Drafts and RFCs.  The IASA is therefore
   responsible for defining the rights to copy granted to people who
   wish to make use of the material in these documents.

   The IASA has indicated, as is consistent with the IETF structure,
   that it will respect the wishes of the IETF in regard to what these
   rights ought to be.  It is therefore the IETFs responsibility to
   articulate those wishes.  This document represents the wishes of the
   IETF regarding RFCs, until it is superceded.


2.  Requirements notation

   The key words "MUST", "MUST NOT", "REQUIRED", "SHALL", "SHALL NOT",
   "SHOULD", "SHOULD NOT", "RECOMMENDED", "MAY", and "OPTIONAL" in this
   document are to be interpreted as described in [1].

   This section is retained for now in case it turns out that these
   terms are needed.  If, as seems likely to the editor, these are not
   needed, the section and the normative reference will be removed.


3.  Purpose in Granting Rights

   In providing a description of the wishes of the IETF with regard to
   rights granted in RFCs, it is helpful to keep in mind the purpose of
   granting such rights.

   The IETF exists to provide standards which are helpful to the good
   operation of the Internet.  These standards are published as RFCs.
   These publications primary value is in the ability of implementors to
   build solutions (products, software, etc) using these standards which
   interoperate.  Hence, the IETF has a strong interest in seeing
   accurate, interoperable implementations of the material we publish.
   We grant rights to copy to people to make use of the text in the RFCs
   in order to encourage accurate and interoperable implementations.

3.1.  Specific Issues

   There are a number of specific concerns that have been raised over
   time, which this document acknowledges and addresses.

   [Editor's note: Concerns go here.]



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4.  Powers and Authority

   As stated in the introduction, the legal authority for determining
   and granting rights to copy in RFCs rests with the trustees for the
   IETF trust, which is made up of the members of the IASA.  This
   document provides guidance to that body, based on the rough consensus
   of the IETF.  The IASA, in conjunction with legal counsel has the
   authority and responsibility to determine the exact copyright text
   needed in Internet-Drafts and RFCs to meet these needs.


5.  Recommended Grants of Right to Copy

   In principle, different grants of rights to copy can be granted to
   individuals based on the purpose or use being made, and the
   particular material being copied.  This section contains subsections
   for each such different grant that is currently envisioned.  Each
   section is intended to describe a particular problem / situation /
   usage, to describe how that situation is recognizable, and to provide
   guidance to the IASA as to what rights the IETF would like to see
   granted in that circumstances, and what limitations should be put on
   such granting.

   In structuring these desires, it is to be kept in mind that the autor
   has not given up his copyright in granting rights to the IETF, and
   the IETF is not attempting to transfer or relinquish the rights it
   has.  The purpose is to enable to IASA to grant people the right to
   make copies of material in RFCs in ways that fit the goals of the
   IETF.

   [Editors note: This structure will likely change as working group
   consens emerges on the rights to be granted.]

5.1.  Rights Grented for Reproduction of RFCs

   It has long been IETF policy to encourage copying of RFCs in full.
   This permits wide dissemination of the material, without risking loss
   of context or meaning.  The IETF wishes to continue to permit anyone
   to make full copies of RFCs.

5.2.  Rights Granted for Quoting from RFCs

5.3.  Rights Granted for Implementing based on RFCs

5.4.  Rights Granted for use of text from RFCs


6.  References



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6.1.  Normative References

   [1]  Bradner, S., "Key words for use in RFCs to Indicate Requirement
        Levels", BCP 14, RFC 2119, March 1997.

6.2.  Informative References













































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Author's Address

   Joel M. Halpern (editor)
   Self
   P. O. Box 6049
   Leesburg, VA  20178
   US

   Email: jmh@joelhalpern.com










































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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.


Acknowledgment

   Funding for the RFC Editor function is currently provided by the
   Internet Society.




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