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Network Working Group                                        S. Bradner
Internet-Draft                                       Harvard University
                                                        Jorge Contreras
                                                             WilmerHale
                                                                Editors
                                                              July 2006

                            RFC 3978 Update

                  <draft-ietf-ipr-rules-update-07.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
   aware will be disclosed, in accordance with Section 6 of BCP 79.


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   This Internet-Draft will expire on December 20, 2006.

Abstract
   This document modifies RFC 3978 "IETF Rights in Contributions" by
   recognizing that the IETF Trust is now the proper custodian of all
   IETF-related intellectual property rights.


Copyright Notice
   Copyright (C) The Internet Society. (2006)

1. Introduction




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1.1  IETF Trust

   Currently the IETF requires that authors of Contributions to the IETF
   grant to the IETF (meaning the full set of participants in the IETF
   Standards Process) a limited set of non-exclusive rights and
   permissions as part of the process of submitting such Contribution.
   These rights and permissions are detailed in "IETF Rights in
   Contributions" (RFC 3978 - BCP 78) [RFC3978].

   The IETF Trust was recently formed to act as the administrative
   custodian of all copyrights and other intellectual property rights
   relating to the IETF Standards Process that had previously been held
   by ISOC (See [reference to IETF Trust Agreement]).  This document
   modifies RFC 3978 in order to implement this structure.  Most
   importantly, it alters the license-grant path as follows:  whereas
   previously authors of Contributions to the IETF would grant a license
   both to ISOC and to all IETF participants, it is now proposed that
   such authors grant a license to the IETF Trust (in Section 3.3), and
   that the IETF Trust concurrently grant the necessary corresponding
   licenses to all IETF participants (in a new Section 3.7).

   In addition, under new Section 3.8 the IETF Trust will be able to
   grant limited rights to third parties consistent with current IETF
   practice and rules under RFC 3978 (such as the right to reproduce
   IETF documents in unmodified form and to extract and modify code from
   IETF Documents).  This document is not intended to alter or expand
   the rights that may be granted to third parties.

1.5  No Retroactive Effect

   The rights granted under this memo starts with the publication of
   this memo as an RFC.  This memo does not retroactively obtain these
   rights from Contributions that predate the publication of this memo
   as a RFC.  Accordingly, the legends and other text accompanying this
   memo still reflect the provisions of RFC 3978, even though those
   provisions will be amended once this memo is published as an RFC.

1.6 Normative versus Informative references

   Section 1 of this memo is intended to be informative only.  Section 2
   of this memo is normative.

2.   UPDATES TO RFC 3978

2.1  RIGHTS GRANTED BY CONTRIBUTORS TO IETF TRUST - UPDATE TO SECTION
   3.3

   The following text describes the rights that are granted by each



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   Contributor to the IETF Trust and replaces Section 3.3 of RFC 3978 in
   full:

      "3.3.  Rights Granted by Contributors to IETF Trust

      To the extent that a Contribution or any portion thereof is
      protected by copyright or other rights of authorship, the
      Contributor, and each named co-Contributor, and the organization
      he or she represents or is sponsored by (if any) grant a
      perpetual, irrevocable, non-exclusive, royalty-free, world-wide
      right and license to the IETF Trust under all such copyrights and
      other rights in the Contribution, provided that the IETF Trust
      shall have the right to sublicense these rights solely to the
      extent described in Section 3.7 and 3.8 below:

      (A)  to copy, publish, display, and distribute the Contribution,
         in whole or in part,

      (B)  to prepare translations of the Contribution into languages
         other than English, and to copy, publish, display, and
         distribute such translations or portions thereof,

      (C)  unless explicitly disallowed in the notices contained in a
         Contribution [as per Section 5.2 below], to modify or prepare
         derivative works (in addition to translations) that are based
         on or incorporate all or part of the Contribution, and to copy,
         publish, display, and distribute such derivative works, and

      (D)  to reproduce any trademarks, service marks or trade names
         which are included in the Contribution solely in connection
         with the reproduction, distribution or publication of the
         Contribution and derivative works thereof as permitted by this
         Section 3.3, provided that when reproducing Contributions,
         trademark and service mark identifiers used in the
         Contribution, including TM and (r) will be preserved.

      The licenses granted in this Section 3.3 shall not be deemed to
      grant any right under any patent, patent application or other
      similar intellectual property right disclosed by the Contributor
      under BCP 79 or otherwise."

2.2 RIGHTS GRANTED BY IETF TRUST TO IETF PARTICIPANTS - NEW SECTION 3.7

   Now that Contributors are granting rights to the IETF Trust, the IETF
   Trust must state what rights are being granted to IETF Participants
   to enable the IETF to accomplish its work.  Accordingly, the
   following Section 3.7 is added.  This section simply repeats the
   license grants from Section 3.3 that are intended to be granted to



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   all IETF Participants within the IETF Standards Process.

   The following new Section 3.7 is hereby added to RFC 3978:

   "3.7 Rights granted by IETF Trust to IETF Participants within the
      IETF Standards Process

      The IETF Trust hereby grants to each IETF Participant, to the
      greatest extent that it is permitted to do so under the licenses
      granted to it under Section 3.3 above, the following perpetual,
      irrevocable, non-exclusive, royalty-free, world-wide rights and
      licenses under all copyrights and other rights of authors, which
      rights may be exercised solely within the IETF Standards Process:

      (A)  to copy, publish, display, and distribute each IETF Document
         (including all Contributions and other portions thereof) in
         unmodified form,

      (B)  to prepare translations of IETF Documents (including all
         Contributions and other portion thereof) into languages other
         than English, and to copy, publish, display, and distribute
         such translations,

      (C)  unless explicitly disallowed in the notices contained in an
         IETF Document [as per Section 5.2 below], to modify or prepare
         derivative works (in addition to translations) that are based
         on or incorporate all or part of the IETF Document (including
         any Contribution included therein), and to copy, publish,
         display, and distribute such derivative works or portions
         thereof, and

      (D)  to reproduce any trademarks, service marks or trade names
         which are included in a Contribution solely in connection with
         the reproduction, distribution or publication of the
         Contribution and derivative works thereof as permitted by this
         Section 3.7, provided that when reproducing Contributions,
         trademark and service mark identifiers used in the
         Contribution, including (TM) and (r) will be preserved."

2.3  RIGHTS GRANTED BY IETF TRUST TO THIRD PARTIES - NEW SECTION 3.8

   Under the licenses granted by Contributors in Section 3.3, the IETF
   Trust has the ability to grant rights in Contributions and other
   portions of IETF Documents to third parties for use outside the IETF
   Standards Process.   One such right is the right to copy and
   republish IETF Documents without modification.  Another right is to
   use and modify code extracts from IETF Documents.  These rights are
   not new, and they currently exist in RFC 3978.  They are included in



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   this new section only due to the introduction of the IETF Trust to
   this structure.  Other rights may be granted by the IETF Trust to
   third parties as and when authorized by future documents approved by
   the IETF community.

   The following new Section 3.8 is hereby added to RFC 3978:

   "3.8 Rights Granted by the IETF Trust to Third Parties

      The IETF Trust hereby grants to any person wishing to obtain such
      rights, to the greatest extent it is permitted to do so, the
      following perpetual, irrevocable, non-exclusive, royalty-free,
      world-wide rights and licenses under all copyrights and other
      rights of authors, which rights may be exercised within or outside
      the IETF Standards Process:

   (A)  to copy, publish, display, and distribute each IETF Document
      (including all Contributions and other portions thereof) in
      unmodified form,

   (B)  to prepare translations of IETF Documents (including all
      Contributions and other portions thereof) into languages other
      than English, and to copy, publish, display, and distribute such
      translations,

   (C)  to extract, modify, incorporate into other works, copy, publish,
      display, and distribute executable code or code fragments that are
      included in any IETF Document (such as MIB and PIB modules),
      subject to the notification requirements of Section 5."

2.4  LEGENDS, NOTIFICATIONS AND ERRATA

   The following provisions of RFC 3978 are hereby updated as set forth
   below to reflect the introduction of the IETF Trust to this
   structure.

   1)   In Sections 5.4 and 5.6 of RFC 3978, all occurrences of
      "Internet Society" or "ISOC" are replaced by "IETF Trust".

   2)   In Section 5.5 of RFC 3978, ", THE IETF TRUST" is inserted after
      "INTERNET SOCIETY".

   3)   The two sentences of Section 4.2(a)(C) are combined into a
      single sentence separated by a comma.

   4)   In Section 7.1, all occurrences of "Internet Society" or "ISOC"
      are replaced by "IETF Trust".




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   5)   The section reference at the end of the first paragraph of
      Section 7.3 is changed from 3.3(E) to 3.3(C).

   6)   In Section 8, ", the IETF Trust" is inserted after "ISOC".

   7)   In order to clarify that Contributors are bound by all
      provisions of RFC 3978 upon submission of a Contribution to the
      IETF, the following paragraph is moved from Section 3.3 to the end
      of Section 3.1, with clarifying adjustments:

          "By submission of a Contribution, each person actually
         submitting the Contribution, and each named co-Contributor, is
         deemed to agree to the terms and conditions set forth in this
         document, on his or her own behalf and on behalf of the
         organization the Contributor represents or is sponsored by (if
         any), when submitting the Contribution."

   8)   Because it is necessary in this document to refer to individual
      IETF participants, the following sentence is added at the end of
      the definition of "IETF" in Section 1(a) of RFC 3978:

         "An "IETF Participant" shall mean any such individual
         participant."


7. References

7.1. Normative References

   [RFC 3978] Bradner, S., Ed., "IETF Rights in Contributions", BCP 78,
      RFC 3978, March 2005.

   [BCP 101] Austein, R., and B. Wijnen, "Structure of the IETF
      Administrative Support Activity (IASA)," BCP 101, RFC 4071, April
      2005.

   [IETF Trust Agreement?]

8. Editors's Addresses

   Scott Bradner
   Harvard University
   29 Oxford St.
   Cambridge MA, 02138

   Phone: +1 617 495 3864
   EMail: sob@harvard.edu




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Internet-Draft               RFC 3978 Update                   July 2006


   Jorge L. Contreras
   WilmerHale
   1875 Pennsylvania Avenue NW
   Washington, DC 20006 USA

   Phone: +1 202 663 6872
   Email: jorge.contreras@wilmerhale.com

9.   Full 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
   "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.

   Intellectual Property

   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.

Acknowledgement

   Funding for the RFC Editor function is currently provided by the



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   Internet Society.


Changes

   Note to RFC Editor - remove this section if this document is
   published as an RFC

version 3 to version 4
   major rewrite based on input from Jorge

version 4 to version 5
   various places cleaned up removal of outbound rights

version 5 to version 6
   added section 2.3
   added a new section 4 and renumbered the old section 4 and the
   sections following

version 6 to version 7
   many changes - redo to focus only on enabling the IETF Trust






























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