Network Working Group S. Bradner Internet-Draft Harvard University Jorge Contreras WilmerHale EditorsFebruary 2007RightsContributionsContributors provide to the IETF Trust<draft-ietf-ipr-3978-incoming-00.txt><draft-ietf-ipr-3978-incoming-01.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. 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 onAugustDecember 26, 2007. CopyrightNotice Copyright(C)TheIETF Trust (2007). Abstract The IETF policies about rights in Contributions to the IETF are designed to ensure that such Contributions can be made available to the IETF and Internet communities while permitting the authors to retain as many rights as possible. This memo details the IETF policies on rights in Contributions to the IETF. It also describes the objectives that the policies are designed to meet. This memo obsoletes RFC 3978 and 4748 and, with RFC 3979 and RFC xxx (-outgoing), replaces Section 10 of RFC 2026. Table of Contents 1. Definitions 2. Introduction3. Rights in IETF Contributions 3.1. General Policy 3.2. Confidentiality Obligations 3.3. Granting of Rights and Permissions 3.4. Representations and Warranties 3.5.2.1 NoDuty to Publish 3.6. Trademarks 4. Rights in RFC Editor Contributions 4.1. Requirements from Section 3 4.2. Granting of Rights and Permissions 5. Notices Required in IETF Documents 5.1. IPR Disclosure Acknowledgement 5.2. Derivative Works Limitation 5.3. Publication Limitation 5.4. Copyright Notice 5.5. Disclaimer 5.6. Exceptions 6. Notices and Rights Required in RFC Editor Contributions 7.Retroactive Effect 3. Exposition of why these procedures are the way they are7.1.3.1. Rights Granted inIETFContributions7.2.3.2. Rights to useContributed Material 7.3.Contributions 3.3. Right to Produce Derivative Works7.4.3.4. Rights to use Trademarks7.5. Who Does This Apply To? 8.3.5. Contributions Not Subject to Copyright9.3.6. Copyright in RFCs 4. RFC Editor Documents 5. Rights in Contributions 5.1. General Policy 5.2. Confidentiality Obligations 5.3. Rights Granted by Contributors to the IETF Trust 5.4. Sublicenses by IETF Trust 5.5. No Patent License 5.6. Representations and Warranties 5.7. No Duty to Publish 5.8. Trademarks 5.9. Copyright in RFCs 6. Legends, Notices and Other Standardized Text in IETF Documents 7. Security Considerations10.8. References10.1.8.1. Normative References10.2.8.2. Informative References11.9. AcknowledgementsEditor's Address10. Editors' Addresses Full Copyright Statement 1. Definitions The following definitions are for terms used in the context ofthis document.thisdocument. Other terms, including "IESG," "ISOC," "IAB," and"RFC Editor,""RFCEditor," are defined in [RFC2028]. a."IETF": In the context of this document, the IETF includes all individuals who participate in meetings, working groups, mailing lists, functions and other activities which are organized or initiated by ISOC, the IESG or the IAB under the general designation of the Internet Engineering Task Force or IETF, but solely to the extent of such participation. b. "IETF Standards Process": the activities undertaken by the IETF in any of the settings described in 1(c) below. c. "IETF Contribution":"Contribution": any submission to the IETF intended by the Contributor for publication as all or part of an Internet-Draft or RFC (except for RFC Editor Contributions described in Section 4 below) and any statement made within the context of an IETF activity. Such statements include oral statements in IETF sessions, as well as written and electronic communications made at any time or place, which are addressed to: o the IETF plenary session, o any IETF working group or portion thereof, o the IESG, or any member thereof on behalf of the IESG, o the IAB or any member thereof on behalf of the IAB, o any IETF mailing list, including the IETF list itself, any working group or design team list, or any other list functioning under IETF auspices, o the RFC Editor or the Internet-Drafts function (except for RFC Editor Contributions described in Section 4 below). Statements made outside of an IETF session, mailing list or other function, that are clearly not intended to be input to an IETF activity, group or function, are not IETF Contributions in the context of this document.d. "Internet-Draft": temporary documents used in the IETF and RFC Editor processes. Internet-Drafts are posted on the IETF web site by the IETF Secretariat and haveb. "Contributor": an individual submitting anominal maximum lifetime inContribution. c. "Copyright" means theSecretariat's public directorylegal right granted to an author in a document or other work of6 months, after which they are removed. Note that Internet-Drafts are archived many places on the Internet, andauthorship under applicable law. A "copyright" is not equivalent to a "right to copy". Rather a copyright encompasses all ofthese places remove expired Internet- Drafts. Internet-Drafts that are under active consideration by the IESG are not removed fromtheSecretariat's public directory untilexclusive rights thatconsideration is complete. In addition, the author ofanInternet-Draft can request that the lifetimeauthor has in a work, such as theSecretariat's public directory be extended before the expiration. e. "RFC":rights to copy, publish, distribute and create derivative works of thebasic publication series forwork. An author often cedes these rights to his or her employer or other parties as a condition of employment or compensation. d. "IETF": In theIETF. RFCs are published bycontext of this document, theRFC EditorIETF includes all individuals who participate in meetings, working groups, mailing lists, functions andonce publishedother activities which arenever modified. (See [RFC2026] Section 2.1) f. "RFC Editor Contribution": An Internet-Draft intendedorganized or initiated by ISOC, theContributor to be submitted toIESG or theRFC Editor for publication as an InformationalIAB under the general designation of the Internet Engineering Task Force orExperimental RFCIETF, butnot intendedsolely tobe partthe extent of such participation. e. "IETF Documents": RFCs and Internet-Drafts. f. "IETF Standards Process": the activities undertaken by the IETFStandards Process.in any of the settings described in 1(c) below. g. "IETFInternet-Drafts": Internet-Drafts other than RFC Editor Contributions. Note thatTrust": A trust established underSection 3.3thegrantlaws ofrightsthe Commonwealth of Virginia, USA, inregardsorder toIETF Internet-Drafts as specified in this document is perpetual and irrevocablehold andthus survivesadminister intellectual property rights for theSecretariat's removalbenefit ofan Internet-Draft fromthepublic directory, except as limitedIETF. h. "Internet-Draft": temporary documents used in the IETF Standards Process. Internet-Drafts are posted on the IETF web site by the IETF Secretariat. As noted in Section3.3 (C). (See [RFC2026] Sections2.2and 8) h. "IETF Documents": RFCs and Internet-Drafts except forof RFC 2026, Internet- Drafts have a nominal maximum lifetime of six months in the IETF Secretariat's public directory. i. "Legend Instructions" means the standardized text thatare RFC Editor Contributionsis included in IETF Documents and theRFCsinstructions and requirements for including thatare publishedstandardized text in IETF Documents, each as posted fromthem. i. "RFC Editor Documents":time to time at www.ietf.org/legends. j. "RFC": the basic publication series for the IETF. RFCsand Internet-Drafts thatareRFC Editor Contributions andpublished by the RFC Editor. Although RFCsthatmay be superseded in whole or in part by subsequent RFCs, the text of an RFC is not altered once publishedfrom them. j. "Contribution": IETF Contributions andin RFCEditor Contributions.form. (See [RFC2026] Section 2.1) k."Contributor": an individual submitting a Contribution. l."Reasonably and personally known": means something an individual knows personally or, because of the job the individual holds, would reasonably be expected to know. This wording is used to indicate that an organization cannot purposely keep an individual in the dark about patents or patent applications just to avoid the disclosure requirement. But this requirement should not be interpreted as requiring the IETF Contributor or participant (or his or her represented organization, if any) to perform a patent search in an attempt to find applicable IPR. 2. Introduction In all matters of copyright and document procedures, the intent is to benefit the Internet community and the public at large, while respecting the legitimate rights of others. Under the laws of most countries and current international treaties (for example the "Berne Convention for the Protection of Literary and Artistic Work"[Berne]),[Berne Convention]), authors obtain numerous rights in the works they produce automatically upon producing them. These rights include copyrights, moral rights and other rights. In many cases, if the author produces a work within the scope of his or her employment, most of those rights are usually assigned to the employer, either by operation of law or, in many cases, under contract. (The Berne Convention names some rights as "inalienable", which means that the author retains them in all cases.)This document details the rights that the IETF requires in IETF Contributions and rights the IETF, as publisher of Internet-Drafts, requires in all such Drafts including RFC Editor Contributions. The RFC Editor may also define additional rights required for RFC Editor Contributions. This document obsoletes RFC 3978 [RFC3978].In order forworksContributions to be used within the IETF StandardsProcess or to beProcess, including when they are published asInternet-Drafts,Internet-Drafts or RFCs, certain limited rightsin all Contributionsmust be granted to the IETFTrust andTrust, which then grants the necessary rights to the IETF. In addition, Contributors must make representations to IETF Trust and the IETF regarding their ability to grant these rights.These necessary rights and representations have until now been laid out in Section 10 of [RFC2026]. In the years since [RFC2026] was published there have been a number of times when the exact intent of Section 10 has been the subject of vigorous debate within the IETF community. The aim of this document is to clarify various ambiguities in Section 10 of [RFC2026] that led to these debates and to amplify the policy in order to clarify what the IETF is currently doing.Section 1givesprovides definitions used indescribingthese policies. Sections3, 4, 5,3 and64 of this documentaddress the rights in Contributions previously covered by Section 10 of [RFC2026] and the "Note Well" explanatory text presented at many IETF activities. Sections 7 and 8 thenexplain the rationale for theseprovisions, including some of the clarifications that have become understood since the adoption of [RFC2026]. The rulesprovisions. Only sections 5 andprocedures set out in6 of this document arenot intended to substantially modify or alternormative, theIETF's current policy toward Contributions.other sections are informative. A companion document RFC 3979 [RFC3979] deals withrightsrights, including possible patent rights, in technologies developed or specified as part of the IETF Standards Process. This document is not intended to address those issues.The rights addressed in this document fall into the following categories: o rights to make useThis memo obsoletes RFC 3978 and 4748 and, with RFC 3979 and RFC xxx(-outgoing), replaces Section 10 ofcontributed material o copyrights in IETF documents o rights to produce derivative works o rights to use trademarksRFC 2026. This document is not intended as legal advice. Readers are advised to consult their own legal advisors if they would like a legal interpretation of their rights or the rights of the IETF Trust in any Contributions they make. 2.1 No Retroactive Effect This memo does not retroactively obtain additional rights from Contributions that predate thepublication of this memo as a RFC. 2.2 Boilerplate updates bydate that the IETF TrustIn the past the IETF has had to publish new RFCs to make editorial or other minor updates toannounces theboilerplate required on IETF Internet Drafts. This memo grants toadoption of these procedures. 3. Exposition of Why These Procedures Are the Way They Are 3.1. Rights Granted in Contributions The IETF Trust and IETF must obtain theexplicitright toapprove minor boilerplate changes as longpublish an IETF Contribution asany such changes are consistent with philosophical goals ofan RFC or an Internet-Draft from thecurrent versionsContributors. A primary objective ofthe BCPs defining the IETF's philosophical goals for contributions. The IETF Trustthis policy isalso authorizedtohandle special cases and fix minor errors. 3. Rights in IETF Contributions The following areobtain from therightsdocument authors only the non-exclusive rights that are needed to develop and publish IETFrequires in all IETF Contributions: 3.1. General Policy In all matters of copyrightDocuments anddocument procedures, the intent istobenefituse IETF Contributions in theInternet communityIETF Standards Process and potentially elsewhere. The authors retain all other rights, but cannot withdraw thepublic at large, while respecting the legitimateabove rightsof others. By submission of a Contribution, each person actually submittingfrom theContribution,IETF Trust andeach named co-Contributor,IETF. It isdeemed to agreeimportant tothe terms and conditions set forth innote that under thisdocument, 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. 3.2. Confidentiality Obligations No information ordocumentthat is subjectContributors are required toany requirement of confidentiality or any restrictiongrant certain rights to the IETF Trust, which holds all IETF-related intellectual property onits dissemination may be submitted as a Contribution or otherwise considered in any partbehalf of the IETFStandards Process, and there must be no assumptioncommunity. The IETF Trust will, in turn, grant a sublicense ofany confidentiality obligation with respectthese rights toany Contribution. Each Contributor agrees that any statementall IETF participants for use ina Contribution, whether generated automatically or otherwise, that states or implies thattheContributionIETF Standards Process. This sublicense isconfidential or subject to any privilege, can be disregardednecessary forall purposes, and will bethe standards development work ofno force or effect. 3.3. Rights Granted by Contributors tothe IETFTrust Toto continue. In addition, theextentIETF Trust may grant certain other sublicenses of the rights thata Contribution or any portion thereofit isprotectedgranted under this document. In granting such other sublicenses, the IETF Trust will be guided [and bound] by documents such as [-outbound]. 3.2. Rights to use Contributions Because, under the laws of most countries and applicable international treaties, copyrightor otherrights come into existence when a work ofauthorship, the Contributor, and each named co-Contributor, and the organization he or she represents orauthorship issponsored by (if any) grant a perpetual, irrevocable, non-exclusive, royalty-free, world-wide rightcreated (but see Section 3.5 below regarding public domain documents), andlicenseIETF cannot make use of IETF Contributions if it does not have sufficient rights with respect to these copyright rights, it is important that the IETFTrust underreceive assurances from allsuch copyrights and other rights inContributors that they have theContribution. [editor question - sinceauthority to grant the IETFtrust does not actually make modified versions etc - should this say "permitthecopying, publication, ...rights that they claim to grant. Without this assurance, IETF and its participants would run a greater risk of liability to theContribution ..."] (A)owners of these rights. To this end, IETF asks Contributors tocopy, publish, display, and distributegive theContribution, in whole orassurances inpart, (B)Section5.6 below. These assurances are requested, however, only toprepare translationsthe extent of theContribution into languages other than English,Contributor's reasonable and personal knowledge. (See Section 1(l)) 3.3. Right tocopy, publish, display, and distribute such translations or portions thereof, (C) unless explicitly disallowedProduce Derivative Works The IETF needs to be able to evolve IETF Documents in response to experience gained in thenotices containeddeployment of the technologies described ina Contribution [as per Section 5.2 below],such IETF Documents, tomodify or prepareincorporate developments in research and to react to changing conditions on the Internet and other IP networks. The IETF may also decide to permit others to develop derivative works(in addition to translations) that arebased onor incorporate all or partContributions. In order to do this, the IETF must be able to produce derivatives of its documents; thus theContribution, andIETF must obtain the right from Contributors tocopy, publish, display, and distribute suchproduce derivativeworks,works. The right to produce derivative works is required for all IETF standards track documents and(D)for most IETF non-standards track documents. There are two exceptions toreproduce any trademarks, service marks or trade names whichthis requirement: documents describing proprietary technologies and documents that areincluded inrepublications of theContribution solelywork of other standards organizations. The right to produce derivative works must be granted inconnection with the reproduction, distributionorder for an IETF working group to accept a Contribution as a working group document or otherwise work on it. For non-working group Contributions where the Contributor requests publicationofas a standards track RFC, theContribution andright to produce derivative worksthereof as permitted by this Section 3.3, provided that when reproducingmust be granted before the IESG will issue an IETF Last-Call and, for most non-standards track non- working group Contributions,trademark and service mark identifiers used inbefore theContribution, including TM and (r)IESG willbe preserved. The licenses granted in this Section 3.3 shallconsider the Internet-Draft for publication. Occasionally a Contributor may notbe deemedwant to grantany right under any patent, patent applicationpublication rights orother similar intellectual property right disclosed bytheContributor under BCP 79 or otherwise. 3.4. Representations and Warranties With respect to each Contribution, each Contributor represents thatright tothe best of his or her knowledge and ability: a. Theproduce derivative works before finding out if a Contributionproperly acknowledges all major Contributors. A major Contributor is any person whohasmaterially or substantially contributed to the IETF Contribution. b. No informationbeen accepted for development in theContribution is confidential and the IETF,IETFTrust, ISOC, and its affiliated organizationsStandards Process. In these cases the Contributor mayfreely disclose any information ininclude a limitation on theContribution. c. There are no limitsright to make derivative works in theContributor's abilityform specified in the Legend Instructions. A working group can discuss the Contribution with the aim tomakedecide if it should become a working group document, even though thegrants, acknowledgments and agreements herein that are reasonably and personally knownright to produce derivative works or to publish theContributor. d. The ContributorContribution as an RFC has notintentionally included inyet been granted. However, if the Contributionany material which is defamatory or untrue or whichisillegal under the laws of the jurisdiction in whichaccepted for development, the Contributorhas his or her principal place of business or residence. e. All trademarks, trade names, service marks and other proprietary names used inmust resubmit the Contributionthat are reasonably and personally known towithout theContributor are clearly designatedlimitation notices before a working group can formally adopt the Contribution assuch where reasonable. 3.5. No Duty to Publish The Contributor, and each named co-Contributor, acknowledges that the IETF has no duty to publish or otherwise use or disseminate any Contribution.a working group document. The IETFreserves the right to withdraw or cease using any Contribution that does not complyTrust may establish different policies for granting sublicenses withthe requirementsrespect to different types ofSection 3.3 and Section 3.4 or 4.2. 3.6. Trademarks Contributors,Contributions andeach named co-Contributor, who claim trademark rights in terms used in their IETFcontent within Contributionsare requested to state specifically what conditions apply to implementers of the technology relative(such as executable code versus descriptive text or references to third party materials). The IETF Trust's policies concerning theusegranting ofsuch trademarks. Such statements shouldsublicenses to make derivative works will besubmitted in the same way as is done for other intellectual property claims. (See [RFC3979] Section 6.) 4. Rights inguided by RFCEditor Contributions[-outbound. Thefollowing are the rights the IETF, as the publisher of Internet- Drafts, requires in all RFC Editor Contributions: 4.1. Requirements from Section 3 All RFC Editor Contributions must meet the requirements of Sections 3.1, 3.2, 3.4, 3.5 and 3.6. 4.2. Granting of Rights and Permissions By submission of an RFC Editor Contribution, each person actually submitting the RFC Editor Contribution, and each named co- Contributor, is deemed to agree to the following terms and conditions, andIETF has historically encouraged organizations togrant the following rights, on his or her own behalf and on behalfpublish details of their technologies, even when theorganization the Contributor represents ortechnologies are proprietary, because understanding how existing technology issponsored by (if any)being used helps whensubmitting the RFC Editor Contribution. To the extentdeveloping new technology. But organizations thatan RFC Editor Contribution or any portion thereof is protected by copyright and 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 and the IETF under all intellectual property rights in the RFC Editor Contribution for at least the life of the Internet-Draft: (A) to copy, publish, display, and distribute the RFC Editor Contribution as an Internet-Draft, (B) to prepare or allow the preparation of translations of the RFC into languages other than English. (C) unless explicitly disallowed in the notices contained in an RFC Editor Contribution (as per Section 5.2 below), to prepare derivative works (other than translations) that are based on or incorporate all or part of the RFC Editor Contribution, or comment upon it. The license to such derivative works not granting the IETF Trust and the IETF any more rights than the license to the original RFC Editor Contribution, and (D) to reproduce any trademarks, service marks or trade names which are included in the RFC Editor Contribution solely in connection with the reproduction, distribution or publication of the RFC Editor Contribution and derivative works thereof as permitted by this paragraph. When reproducing RFC Editor Contributions, the IETF will preserve trademark and service mark identifiers used by the Contributor of the RFC Editor Contribution, including (TM) and (R) where appropriate. 5. Notices Required in IETF Documents The IETF requires that certain notices and disclaimers described in this Section 5 be reproduced verbatim in all IETF Documents (including copies, derivative works and translations of IETF Documents, but subject to the limited exceptions noted in Section 5.2). This requirement protects IETF and its participants from liabilities connected with these documents. The copyright notice also alerts readers that the document is an IETF Document, and that IETF Trust claims copyright rights to certain aspects of the document, such as its layout, the RFC numbering convention and the prefatory language of the document. This legend is not intended to imply that IETF Trust has obtained ownership of the IETF Contribution itself, which is retained by the author(s) or remains in the public domain, as applicable. Each IETF Document must include the required notices described in this Section 5. The required notices are the following: a. The IPR Disclosure Acknowledgement described in Section 5.1 (required in all Internet-Drafts). b. The Derivative Works Limitation described in Section 5.2 (for specific IETF Documents only). c. The Publication Limitation described in Section 5.3 (for specific types of Internet-Drafts only). d. The Copyright Notice described in Section 5.4 (for all IETF Documents). e. The Disclaimer described in Section 5.5 (for all IETF Documents). 5.1. IPR Disclosure Acknowledgement (required in all Internet-Drafts) "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." 5.2. Derivative Works Limitation If the Contributor desires to eliminate the IETF's right to make modifications and derivative works of an IETF Contribution (other than translations), one of the two of the following notices may be included in the Status of Memo section of an Internet-Draft and included in a published RFC: a. "This document may not be modified, and derivative works of it may not be created, except to publish it as an RFC and to translate it into languages other than English." b. "This document may not be modified, and derivative works of it may not be created." In the cases of MIB or PIB modules and in other cases where the Contribution includes material that is meant to be extracted in order to be used, the following should be appended to statement 5.2 (a) or 5.2 (b): "other than to extract section XX as-is for separate use." Notice 5.2(a) is used if the Contributor intends for the IETF Contribution to be published as an RFC. Notice 5.2(b) is used along with the Publication Limitation in Section 5.3 when the Contributor does not intend for the IETF Contribution to be published as an RFC. These notices may not be used with any standards-track document or with most working group documents, except as discussed in Section 7.3 below, since the IETF must retain change control over its documents and the ability to augment, clarify and enhance the original IETF Contribution in accordance with the IETF Standards Process. Notice 5.2(a) may be appropriate when republishing standards produced by other (non-IETF) standards organizations, industry consortia or companies. These are typically published as Informational RFCs, and do not require that change control be ceded to the IETF. Basically, documents of this type convey information for the Internet community. A fuller discussion of the rationale behind these requirements is contained in Section 7.3 below. 5.3. Publication Limitation If the Contributor only wants the IETF Contribution to be made available in an Internet-Draft (i.e., does not want the IETF Contribution to be published as an RFC) then the Contributor may include the following notice in the Status of Memo section of the Internet-Draft. "This document may only be posted in an Internet-Draft." This notice can be used on IETF Contributions that are intended to provide background information to educate and to facilitate discussions within IETF working groups butpublish information about proprietary technologies are frequently notintended to be published as RFCs. 5.4. Copyright Notice (required for all IETF Documents) (Normally placed at the end of the IETF Document.) "Copyright (C) The IETF Trust (year). This document is subjectwilling tothe rights, licenses and restrictions contained in BCP 78, and except as set forth therein, the authors retain all their rights." Copyright notices from other organizations or individuals are not permitted in IETF Documents except in the case where such document is the product of a joint development effort between the IETF and another standards development organization or the document is a republication of the work of another standards organization. Such exceptions must be approved on an individual basis by the IAB. 5.5. Disclaimer (required in all IETF Documents) (Normally placed at the end of the IETF Document after the copyright notice.) "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, THE IETF TRUST 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." 5.6. Exceptions Notwithstanding the provisions of this Section 5, in certain limited cases an abbreviated notice may be placed on certain types of derivative works of IETF Documents in accordance with this Section 5.6. a. in MIB modules, PIB modules and similar material commonly extracted from IETF Documents, except for material that is being placed under IANA maintenance, the following abbreviated notice shall be included in the body of the material that will be extracted in lieu of the notices otherwise required by Section 5: "Copyright (C) Thehave the IETFTrust <year>. This version of this MIB module is partproduce revisions ofRFC XXXX; seetheRFC itself for full legal notices." Whentechnologies and then possibly claim that theMIB or PIB moduleIETF version is theinitial version"new version" ofa modulethe organization's technology. Organizations thatis tofeel this way can specify that a Contribution bemaintained bypublished with theIANA,other rights granted under this document but may withhold thefollowing abbreviated notice shall be included: "Copyright (C) The IETF Trust <year>.right to produce derivative works other than translations. Theinitial version of this MIB module wasright to produce translations is required before any Contribution can be publishedinas an RFCXXXX; for full legal notices seeto ensure theRFC itself. Supplementary information may be available at: http://www.ietf.org/copyrights/ianamib.html." For other typeswidest possible distribution ofcomponents than "MIB", substitute "MIB module" with an appropriate identifier.the material in RFCs. In addition, IETF Documents frequently make normative references to standards or recommendations developed by other standards organizations. Since thecasepublications ofMIB and PIB modules this statement shouldsome standards organizations are not public documents, it can beplaced inquite helpful to the IETF to republish, with theDESCRIPTION clausepermission of theMODULE-IDENTITY macro. Variationsother standards organization, some of theseabbreviated noticesdocuments as RFCs so that the IETF community can have open access to them to better understand what they arenot permitted except inreferring to. In these caseswherethematerial toRFCs can beextracted ispublished without theproductright for the IETF to produce derivative works. In both of the above cases in which the production of derivative works is excluded, the Contributor must include ajoint development effort betweenspecial legend in the Contribution, as specified in the Legend Instructions, in order to notify IETFand another standards development organizationparticipants about this restriction. 3.4. Rights to Use Trademarks Contributors may wish to seek trademark or service mark protection on any terms that are coined oris a republication ofused in their Contributions. IETF makes no judgment about theworkvalidity ofanother standards organization. Such variations must be approved on an individual basis byany such trademark rights. However, theIAB. b. short excerpts ofIETFDocuments presented in electronic help systems, for example,requires each Contributor, under theDESCRIPTION clauses for MIB variables, do not needlicenses described in Section 5.3 below, toincludegrant IETF Trust acopyright notice. 6. Notices and Rights Requiredperpetual license to use any such trademarks or service marks solely inRFC Editor Contributions Sinceexercising rights to reproduce, publish, discuss and modify the IETFacts as publisher of Internet Drafts, even for Internet Drafts that areContribution. This license does notintendedauthorize IETF or others tobecome part of the Standards Process, the following are requireduse any trademark or service mark inall such draftsconnection with any product or service offering. 3.5. Contributions Not Subject toprotectCopyright Certain documents, including those produced by theIETFU.S. government andits processes. The RFC Editor may require additional notices. a. An IPR Disclosure Acknowledgement, identical to that specifiedthose which are inSection 5.1. b. One ofthefollowing threepublic domain, may not be protected by the same copyrightrelease statements: A. "By submitting this Internet-Draft, I acceptand other legal rights as other documents. Nevertheless, we ask each Contributor to grant to theprovisions of Section 3 of BCP 78." B. "By submitting this Internet-Draft, I acceptIETF theprovisions of Section 4 of BCP 78." C. The Copyright Notice specified in Section 5.4same rights as he or she would grant, and to make thedisclaimer specified in section 5.5. 7. Exposition of Why These Procedures Aresame representations, as though theWay They Are 7.1. Rights Granted in IETF Contributions TheIETFTrustContribution were protected by the same legal rights as other documents, andIETF must obtain the right to publish an IETF Contributionasan RFC or an Internet-Draft fromthough theContributors. A primary objective of this policy isContributor could be able toobtain from the document authorsgrant these rights. We ask for these grants and representations only to thenon-exclusive rightsextent that the Contribution may be protected. We believe they areneeded to develop and publish IETF Documents andnecessary touseprotect the ISOC, the IETFContributions inTrust, the IETF, the IETF Standards Processwhile leavingand allother rights with the authors. 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In this respect, Contributorsthatare treated the same as anybody else: though theyhavemay extract and republish their own Contributions without limitation, they may not do so in theauthorityIETF's RFC format. And while this principle (which is included in Section 5.9 below) may appear togrant the IETF the rights that they claimbe new togrant. Without this assurance, IETFIETF, it actually reflects historical practice andits participants would run a greater risk of liability tohas been observed for many years through theownersinclusion ofthese rights. To this end,an ISOC or IETFasks Contributors to giveTrust copyright notice on all RFC documents since theassurances in Section 3.4 above. These assurances are requested, however,publication of RFC 2026. 4. RFC Editor Documents This document only relates tothe extentContributions made as part of theContributor's reasonable and personal knowledge. (See Section 1(l)) 7.3. Right to Produce Derivative Works TheIETFneedsStandards Process. Other documents that are referred to as Internet- Drafts and RFCs may beablesubmitted toevolveand published by the RFC Editor independently of the IETFDocumentsStandards Process. Such "RFC Editor Documents" are not covered by this document. RFC Editor Contributions must be marked appropriately as described inresponsethe Legend Instructions. See the RFC Editor web page for information about the policies concerning rights in RFC Editor Documents. 5. Rights in Contributions 5.1. General Policy By submission of a Contribution, each person actually submitting the Contribution, and each named co-Contributor, is deemed toexperience gainedhave read and understood the rules and requirements set forth in this document. Each Contributor is deemed, by thedeploymentact ofthe technologies described in such IETF Documents, to incorporate developments in research andsubmitting a Contribution, toreactenter into a legally-binding agreement tochangingcomply with the terms and conditions set forth in this document, onthe Internethis or her own behalf and on behalf of the organization the Contributor represents or is sponsored by (if any), when submitting the Contribution. No further acknowledgement, signature or otherIP networks. In orderaction is required todo this the IETF must be ablebind a Contributor toproduce derivativesthese terms and conditions. The operation ofits documents; thusthe IETFmust obtainand theright from Contributors to produce derivative works. The right to produce derivative workswork conducted by its many participants isrequired for all IETF standards track documentsdependent on such agreement by each Contributor, andfor mosteach IETFnon-standards track documents. There are two exceptions to this requirement: documents describing proprietary technologies and documents that are republications ofparticipant expressly relies on theworkagreement ofother standards organizations. The righteach Contributor toproduce derivative works must be grantedthe terms and conditions set forth inorder for an IETF working groupthis document. 5.2. Confidentiality Obligations No information or document that is subject toaccept an IETF Contributionany requirement of confidentiality or any restriction on its dissemination may be submitted as aworking group documentContribution or otherwisework on it. For non-working group IETF Contributions whereconsidered in any part of the IETF Standards Process, and there must be no assumption of any confidentiality obligation with respect to any Contribution. Each Contributorrequests publication asagrees that any statement in astandards track RFCContribution, whether generated automatically or otherwise, that states or implies that therightContribution is confidential or subject toproduce derivative works mustany privilege, can begranted before the IESG will issue an IETF Last-Call and,disregarded formost non-standards track non-working group IETF Contributions, before the IESGall purposes, and willconsiderbe of no force or effect. 5.3. Rights Granted by Contributors to theInternet-Draft for publication. OccasionallyIETF Trust To the extent that aContributor may not want to grant publication rightsContribution 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 toproduce derivative works before finding out if anthe IETFContribution has been accepted for developmentTrust under all such copyrights and other rights in theIETF Standards Process. In these casesContribution. (A) to copy, publish, display, and distribute theContributor may includeContribution, in whole or in part, (B) to prepare translations of theDerivative Works Limitation describedContribution into languages other than English, inSection 5.2whole or in part, andthe Publication Limitation describedto copy, publish, display, and distribute such translations or portions thereof, (C) unless explicitly disallowed inSection 5.3the notices contained intheir IETF Contribution. A working group can discussa Contribution [in theInternet-Draft withform specified by theaimLegend Instructions], todecide if it should become a working group document, even thoughmodify or prepare derivative works (in addition to translations) that are based on or incorporate all or part of therightContribution, and toproducecopy, publish, display, and distribute such derivativeworksworks, or portions thereof, and (D) topublish the IETF Contribution as an RFC has not yet been granted. Ifreproduce any trademarks, service marks or trade names which are included in theIETFContributionis accepted for developmentsolely in connection with theContributor must then resubmitreproduction, distribution or publication of theIETFContributionwithout the limitation notices before a working group can formally adoptand derivative works thereof as permitted by this Section 5.3, provided that when reproducing Contributions, trademark and service mark identifiers used in the Contribution, including TM and (R) will be preserved. 5.4 Sublicenses by IETFContribution as a working group document.Trust The IETFhas historically encouraged organizations to publish details of their technologies, even whenTrust will sublicense thetechnologies are proprietary, because understanding how existing technology is being used helps when developing new technology. But organizations that publish information about proprietary technologies are frequently not willingrights granted tohave theit under Section 5.3 to all IETFproduce revisions of the technologies and then claim thatparticipants for use within the IETFversionStandards Process. This license is expressly granted under [TRUST LICENSE DOCUMENT]. In addition, the"new version"IETF Trust may grant additional sublicenses of theorganization's technology. Organizations that feel this way can specify that anlicenses granted to it hereunder. In doing so, the IETFContribution can be publishedTrust will comply with theother rightsguidance provided under RFC xxx [-outbound]. 5.5 No Patent License The licenses granted in Section 5.3 shall not be deemed to grant any right underthis document but may withhold theany patent, patent application or other similar intellectual property right disclosed by the Contributor under BCP 79 or otherwise. 5.6. 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There arenot public documents, it can be quite helpfulno limits to theIETFContributor's ability torepublish, with the permission ofmake theother standards organization, some of these documents as RFCs sogrants, acknowledgments and agreements herein thatthe IETF community can have open access to them to better understand what theyarereferring to. In these casesreasonably and personally known to theRFCs can be published withoutContributor. d. The Contributor has not intentionally included in theright forContribution any material which is defamatory or untrue or which is illegal under theIETF to produce derivative works. In bothlaws of theabove casesjurisdiction in which theproductionContributor has his or her principal place ofderivative works is excluded,business or residence. e. All trademarks, trade names, service marks and other proprietary names used in the Contribution that are reasonably and personally known to the Contributormust include a special legend inare clearly designated as such where reasonable. 5.7. No Duty to Publish The Contributor, and each named co-Contributor, acknowledges that the IETFContribution, as specified in Section 5.2, in orderhas no duty tonotifypublish or otherwise use or disseminate any Contribution. The IETFparticipants about this restriction. 7.4. Rights to Use Trademarks Contributors may wishreserves the right toseek trademarkwithdraw orservice mark protection oncease using anytermsContribution thatare coineddoes not comply with the requirements of Section 5.3 and Section 5.4 or 5.6. 5.8. Trademarks Contributors who claim trademark rights in terms used in their IETFContributions. IETF makes no judgment aboutContributions are requested to state specifically what conditions apply to implementers of thevaliditytechnology relative to the use ofanysuchtrademark rights. However,trademarks. Such statements should be submitted in theIETF requiressame way as is done for other intellectual property claims. (See [RFC3979] Section 6.) 5.9 Copyright in RFCs Subject to eachContributor, underContributor's (or its sponsor's) ownership of its underlying Contributions (which ownership is qualified by the irrevocable licensesdescribed ingranted under Section3.3 above, to grant IETF a perpetual license to use5.3), each Contributor hereby acknowledges that the copyright in any RFC in which suchtrademarksContribution is included, other than an Informational RFC orservice marks solely in exercising its rights to reproduce, publish and modifyan RFC that is an RFC Editor Contribution, shall be owned by the IETFContribution. This license does not authorize any IETF participant to use any trademark or service mark in connection with any product or service offering, but onlyTrust. 6. Legends, Notices and Other Standardized Text inthe context ofIETF Documentsand discussions. 8. Contributions Not Subject to Copyright Certain documents, including those produced by the U.S. government and those which areThe IETF requires that certain standardized text be reproduced verbatim inthe public domain,certain IETF Documents (including copies, derivative works and translations of IETF Documents). Some of this standardized text maynotbeprotected by the samemandatory (e.g., copyright notices andother legal rights as other documents. Nevertheless, we ask each Contributor to grant to the IETF the same rights as he or she would grant,disclaimers that must be included in all RFCs) and some may be optional (e.g., limitations on the right to makethe same representations,derivative works). The text itself, asthough the IETF Contribution were protected by the same legal rightswell asother documents,the rules that explain when andas thoughhow it must be used, are contained in theContributor couldLegend Instructions. The Legend Instructions may beableupdated from time togrant these rights. We ask for these grantstime, andrepresentations only totheextent thatversion of theContribution maystandardized text that must beprotected. We believe they are necessary to protectincluded in IETF Documents is that which was posted in theISOC,Legend Instructions on the date of publication. The IETFTrust,reserves theIETF,right to refuse to publish Contributions that do not include the legends required by the Legend Instructions. It is important to note that each Contributor grants the IETFStandards Process and all IETF participants,Trust rights pursuant to this document andalso becausetheIETF doespolicies described herein. The legends and notices included in certain written Contributions such as Internet-Drafts do nothave the resources or wherewithal to makethemselves convey anyindependent investigation asrights. They are simply included to inform theactual proprietary statusreader (whether or not part ofany document submitted to it. 9.the IETF) about certain legal rights and limitations associated with such documents. 7. Security Considerations This memo relates to IETF process, not any particular technology. There are security considerations when adopting any technology, but there are no known issues of security with IETF Contribution rights policies.10.8. References10.1.8.1. Normative References [RFC2026] Bradner, S., "The Internet Standards Process -- Revision 3", BCP 9, RFC 2026, October 1996. [RFC2028] Hovey, R. and S. Bradner, "The Organizations Involved in the IETF Standards Process", BCP 11, RFC 2028, October 1996. [RFC3979] Bradner, S., Ed, "Intellectual Property Rights in IETF Technology", BCP 79, RFC 3979, March 2005.10.2.[Trust] IETF Trust Agreement - http://iaoc.ietf.org/docs/IETF-Trust- Agreement-Executed-12-15-05.pdf 8.2. Informative References [RFC3978] Bradner, S. Ed., "IETF Rights in Contributions", RFC 3978, March 2005. [Berne] "Berne Convention for the Protection of Literary and Artistic Work", http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html11.9. Acknowledgements The editors would like to acknowledge the help of the IETF IPR Working Group provided during the development of the document.Editor's Address10. Editors' Addresses Scott Bradner Harvard University 29 Oxford St. Cambridge MA, 02138 USA Phone: +1 617 495 3864 EMail: sob@harvard.edu Jorge L. Contreras WilmerHale 1875 Pennsylvania Avenue NW Washington, DC 20006 USA Phone: +1 202 663 6872 Email: jorge.contreras@wilmerhale.com Full Copyright Statement Copyright (C) The IETF Trust (2007). 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/SHEREPRESENTS ORREPRESENTSOR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY, THE IETF TRUST AND THE INTERNET ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES,EXPRESS OREXPRESSOR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USEOF THEOFTHE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANYIMPLIED WARRANTIESIMPLIEDWARRANTIES 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 atietf- ipr@ietf.org.ietf-ipr@ietf.org. Acknowledgement Funding for the RFC Editor function is currently provided by the Internet Society. ?? ?? ?? ?? US1DOCS 6241323v2