Network Working Group S. Bradner
Internet-Draft Harvard University
Jorge Contreras
WilmerHale
Editors
February 2007
Rights Contributions Contributors 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 on August December 26, 2007.
Copyright Notice
Copyright (C) The IETF 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. Introduction
3. 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 No Duty 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 are
7.1.
3.1. Rights Granted in IETF Contributions
7.2.
3.2. Rights to use Contributed Material
7.3. Contributions
3.3. Right to Produce Derivative Works
7.4.
3.4. Rights to use Trademarks
7.5. Who Does This Apply To?
8.
3.5. Contributions Not Subject to Copyright
9.
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 Considerations
10.
8. References
10.1.
8.1. Normative References
10.2.
8.2. Informative References
11.
9. Acknowledgements
Editor's Address
10. Editors' Addresses
Full Copyright Statement
1. Definitions
The following definitions are for terms used in the context of this
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 have
b. "Contributor": an individual submitting a nominal maximum lifetime in Contribution.
c. "Copyright" means the
Secretariat's public directory legal right granted to an author in a
document or other work of 6 months, after which they are
removed. Note that Internet-Drafts are archived many places on the
Internet, and authorship under applicable law. A
"copyright" is not equivalent to a "right to copy". Rather a
copyright encompasses all of these places remove expired Internet-
Drafts. Internet-Drafts that are under active consideration by the
IESG are not removed from the Secretariat's public directory until exclusive rights that consideration is complete. In addition, the author of an
Internet-Draft can request that the lifetime author
has in a work, such as the Secretariat's
public directory be extended before the expiration.
e. "RFC": rights to copy, publish, distribute and
create derivative works of the basic publication series for work. An author often cedes these
rights to his or her employer or other parties as a condition of
employment or compensation.
d. "IETF": In the IETF. RFCs are
published by context of this document, the RFC Editor IETF includes all
individuals who participate in meetings, working groups, mailing
lists, functions and once published other activities which are never modified.
(See [RFC2026] Section 2.1)
f. "RFC Editor Contribution": An Internet-Draft intended organized or
initiated by ISOC, the
Contributor to be submitted to IESG or the RFC Editor for publication as
an Informational IAB under the general
designation of the Internet Engineering Task Force or Experimental RFC IETF, but not intended
solely to be part the extent of such participation.
e. "IETF Documents": RFCs and Internet-Drafts.
f. "IETF Standards Process": the activities undertaken by the IETF Standards Process. in
any of the settings described in 1(c) below.
g. "IETF Internet-Drafts": Internet-Drafts other than RFC Editor
Contributions. Note that Trust": A trust established under Section 3.3 the grant laws of rights the
Commonwealth of Virginia, USA, in
regards order to IETF Internet-Drafts as specified in this document is
perpetual and irrevocable hold and thus survives administer
intellectual property rights for the Secretariat's
removal benefit of an Internet-Draft from the public directory, except as
limited IETF.
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 Section 3.3 (C). (See [RFC2026] Sections 2.2 and 8)
h. "IETF Documents": RFCs and Internet-Drafts except for of 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 that are RFC Editor Contributions is
included in IETF Documents and the RFCs instructions and requirements
for including that are
published standardized text in IETF Documents, each as
posted from them.
i. "RFC Editor Documents": time to time at www.ietf.org/legends.
j. "RFC": the basic publication series for the IETF. RFCs and Internet-Drafts that are RFC
Editor Contributions and
published by the RFC Editor. Although RFCs that may be superseded in
whole or in part by subsequent RFCs, the text of an RFC is not
altered once published from them.
j. "Contribution": IETF Contributions and in RFC Editor 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 for works Contributions to be used within the IETF Standards Process or to
be
Process, including when they are published as Internet-Drafts, Internet-Drafts or
RFCs, certain limited rights in all
Contributions must be granted to the IETF Trust and Trust, 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 1 gives provides definitions used in describing these policies. Sections 3, 4, 5, 3
and 6 4 of this document address 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 then explain the rationale for these provisions,
including some of the clarifications that have become understood
since the adoption of [RFC2026]. The rules provisions.
Only sections 5 and procedures set out in 6 of this document are not intended to substantially modify or alter normative, the
IETF's current policy toward Contributions. other
sections are informative. A companion document RFC 3979 [RFC3979]
deals with rights rights, 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 use This memo
obsoletes RFC 3978 and 4748 and, with RFC 3979 and RFC
xxx(-outgoing), replaces Section 10 of contributed material
o copyrights in IETF documents
o rights to produce derivative works
o rights to use trademarks RFC 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 the publication of this memo as a RFC.
2.2 Boilerplate updates by date that the IETF Trust
In the past the IETF has had to publish new RFCs to make editorial or
other minor updates to announces the boilerplate required on IETF Internet
Drafts. This memo grants to
adoption 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 the explicit right to
approve minor boilerplate changes as long publish an IETF
Contribution as any such changes are
consistent with philosophical goals of an RFC or an Internet-Draft from the current versions Contributors.
A primary objective of the
BCPs defining the IETF's philosophical goals for contributions. The
IETF Trust this policy is also authorized to handle special cases and fix minor
errors.
3. Rights in IETF Contributions
The following are obtain from the rights document
authors only the non-exclusive rights that are needed to develop and
publish IETF requires in all IETF
Contributions:
3.1. General Policy
In all matters of copyright Documents and document procedures, the intent is to
benefit use IETF Contributions in the Internet community IETF
Standards Process and potentially elsewhere.
The authors retain all other rights, but cannot withdraw the public at large, while
respecting the legitimate above
rights of others.
By submission of a Contribution, each person actually submitting from the
Contribution, IETF Trust and each named co-Contributor, IETF.
It is deemed to agree important to
the terms and conditions set forth in note that under 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.
3.2. Confidentiality Obligations
No information or document that is subject Contributors are
required to any requirement of
confidentiality or any restriction grant certain rights to the IETF Trust, which holds all
IETF-related intellectual property on its dissemination may be
submitted as a Contribution or otherwise considered in any part behalf of the IETF Standards Process, and there must be no assumption community.
The IETF Trust will, in turn, grant a sublicense of any
confidentiality obligation with respect these rights to any Contribution. Each
Contributor agrees that any statement
all IETF participants for use in a Contribution, whether
generated automatically or otherwise, that states or implies that the
Contribution IETF Standards Process. This
sublicense is confidential or subject to any privilege, can be
disregarded necessary for all purposes, and will be the standards development work of no force or effect.
3.3. Rights Granted by Contributors to the
IETF Trust
To to continue. In addition, the extent IETF Trust may grant certain
other sublicenses of the rights that a Contribution or any portion thereof it is protected granted 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, copyright or other rights come into existence when a
work of authorship, the Contributor, and each
named co-Contributor, and the organization he or she represents or authorship is
sponsored by (if any) grant a perpetual, irrevocable, non-exclusive,
royalty-free, world-wide right created (but see Section 3.5 below regarding
public domain documents), and license IETF cannot make use of IETF
Contributions if it does not have sufficient rights with respect to
these copyright rights, it is important that the IETF Trust under receive
assurances from all such copyrights and other rights in Contributors that they have the Contribution.
[editor question - since authority to
grant the IETF trust does not actually make
modified versions etc - should this say "permit the copying,
publication, ... rights that they claim to grant. Without this
assurance, IETF and its participants would run a greater risk of
liability to the Contribution ..."]
(A) owners of these rights. To this end, IETF asks
Contributors to copy, publish, display, and distribute give the Contribution, in
whole or assurances in part,
(B) Section5.6 below. These
assurances are requested, however, only to prepare translations the extent of the Contribution into languages other
than English,
Contributor's reasonable and personal knowledge. (See Section 1(l))
3.3. Right to copy, publish, display, and distribute such
translations or portions thereof,
(C) unless explicitly disallowed Produce Derivative Works
The IETF needs to be able to evolve IETF Documents in response to
experience gained in the notices contained deployment of the technologies described in a
Contribution [as per Section 5.2 below],
such IETF Documents, to modify or prepare incorporate 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 are
based on
or incorporate all or part Contributions. In order to do this, the IETF must be able
to produce derivatives of its documents; thus the Contribution, and IETF must obtain
the right from Contributors to copy,
publish, display, and distribute such produce derivative works, 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 to reproduce any trademarks, service marks or trade names which this requirement: documents describing proprietary
technologies and documents that are included in republications of the Contribution solely work of
other standards organizations.
The right to produce derivative works must be granted in connection with the
reproduction, distribution order 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 publication of as a standards track RFC,
the Contribution and right to produce derivative works thereof as permitted by this Section 3.3,
provided that when reproducing must 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 in before the Contribution, including TM
and (r) IESG will be preserved.
The licenses granted in this Section 3.3 shall consider the
Internet-Draft for publication. Occasionally a Contributor may not be deemed
want to grant
any right under any patent, patent application publication rights or other similar
intellectual property right disclosed by the Contributor under BCP 79
or otherwise.
3.4. Representations and Warranties
With respect to each Contribution, each Contributor represents that right to the best of his or her knowledge and ability:
a. The produce derivative
works before finding out if a Contribution properly acknowledges all major Contributors. A
major Contributor is any person who has materially or
substantially contributed to the IETF Contribution.
b. No information been accepted for
development in the Contribution is confidential and the IETF, IETF Trust, ISOC, and its affiliated organizations Standards Process. In these cases the
Contributor may freely
disclose any information in include a limitation on the Contribution.
c. There are no limits right to make derivative
works in the Contributor's ability form specified in the Legend Instructions. A working
group can discuss the Contribution with the aim to make decide if it
should become a working group document, even though the
grants, acknowledgments and agreements herein that are reasonably
and personally known right to
produce derivative works or to publish the Contributor.
d. The Contributor Contribution as an RFC has
not intentionally included in yet been granted. However, if the Contribution
any material which is defamatory or untrue or which is illegal
under the laws of the jurisdiction in which accepted for
development, the Contributor has
his or her principal place of business or residence.
e. All trademarks, trade names, service marks and other proprietary
names used in must resubmit the Contribution that are reasonably and personally
known to without
the Contributor are clearly designated limitation notices before a working group can formally adopt the
Contribution as such 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 IETF reserves the right to withdraw or cease using
any Contribution that does not comply Trust may
establish different policies for granting sublicenses with the requirements respect to
different types of
Section 3.3 and Section 3.4 or 4.2.
3.6. Trademarks
Contributors, Contributions and each named co-Contributor, who claim trademark
rights in terms used in their IETF content within Contributions are 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 the use
granting of such trademarks. Such statements
should sublicenses to make derivative works will be submitted in the same way as is done for other intellectual
property claims. (See [RFC3979] Section 6.)
4. Rights in guided by
RFC Editor Contributions [-outbound.
The following 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, and IETF has historically encouraged organizations to grant the following rights, on his or her own
behalf and on behalf publish details
of their technologies, even when the organization the Contributor represents
or technologies are proprietary,
because understanding how existing technology is sponsored by (if any) being used helps
when submitting the RFC Editor
Contribution.
To the extent developing new technology. But organizations that an 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 but publish
information about proprietary technologies are frequently not intended 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 subject willing
to the 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) The have the IETF Trust <year>. This version of this MIB
module is part produce revisions of RFC XXXX; see the RFC itself for full legal
notices."
When technologies and then
possibly claim that the MIB or PIB module IETF version is the initial version "new version" of a module the
organization's technology. Organizations that
is to feel this way can
specify that a Contribution be maintained by published with the IANA, other rights
granted under this document but may withhold the following abbreviated notice
shall be included:
"Copyright (C) The IETF Trust <year>. right to produce
derivative works other than translations. The initial version of
this MIB module was right to produce
translations is required before any Contribution can be published in as
an RFC XXXX; for full legal
notices see to ensure the RFC itself. Supplementary information may be
available at: http://www.ietf.org/copyrights/ianamib.html."
For other types widest possible distribution of components 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 the case publications of MIB and PIB modules
this statement should some standards organizations
are not public documents, it can be placed in quite helpful to the IETF to
republish, with the DESCRIPTION clause permission of the
MODULE-IDENTITY macro.
Variations other standards organization,
some of these abbreviated notices documents as RFCs so that the IETF community can have
open access to them to better understand what they are not permitted except
in referring to.
In these cases where the material to RFCs can be extracted is published without the product right 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 a
joint development effort between special legend in the Contribution, as specified in
the Legend Instructions, in order to notify IETF and another standards
development organization participants 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 or is a republication of used in their Contributions. IETF makes
no judgment about the work validity of
another standards organization. Such variations must be approved
on an individual basis by any such trademark rights.
However, the IAB.
b. short excerpts of IETF Documents presented in electronic help
systems, for example, requires each Contributor, under the DESCRIPTION clauses for MIB variables,
do not need licenses
described in Section 5.3 below, to include grant IETF Trust a copyright notice.
6. Notices and Rights Required perpetual
license to use any such trademarks or service marks solely in RFC Editor Contributions
Since
exercising rights to reproduce, publish, discuss and modify the IETF acts as publisher of Internet Drafts, even for
Internet Drafts that are
Contribution. This license does not intended authorize IETF or others to become part of the Standards
Process, the following are required use
any trademark or service mark in all such drafts connection with any product or
service offering.
3.5. Contributions Not Subject to protect Copyright
Certain documents, including those produced by the
IETF U.S. government
and its processes. The RFC Editor may require additional
notices.
a. An IPR Disclosure Acknowledgement, identical to that specified those which are in
Section 5.1.
b. One of the following three public domain, may not be protected by the
same copyright release statements:
A. "By submitting this Internet-Draft, I accept and other legal rights as other documents.
Nevertheless, we ask each Contributor to grant to the provisions of
Section 3 of BCP 78."
B. "By submitting this Internet-Draft, I accept IETF the provisions of
Section 4 of BCP 78."
C. The Copyright Notice specified in Section 5.4 same
rights as he or she would grant, and to make the
disclaimer specified in section 5.5.
7. Exposition of Why These Procedures Are same
representations, as though the Way They Are
7.1. Rights Granted in IETF Contributions
The IETF Trust Contribution were protected by
the same legal rights as other documents, and IETF must obtain the right to publish an IETF
Contribution as an RFC or an Internet-Draft from though the Contributors.
A primary objective of this policy is
Contributor could be able to obtain from the document
authors grant these rights. We ask for these
grants and representations only to the non-exclusive rights extent that the Contribution
may be protected. We believe they are needed to develop and
publish IETF Documents and necessary to use protect the ISOC,
the IETF Contributions in Trust, the IETF, the IETF Standards Process while leaving and all other rights with the authors.
The non-exclusive rights that IETF
participants, and also because the IETF needs are:
a. does not have the right resources
or wherewithal to publish the document
b. the right make any independent investigation as to let the actual
proprietary status of any document be freely reproduced submitted to it.
3.6 Copyright in the formats
that RFCs.
As noted above, Contributors to the IETF publishes it in
c. (or their employers) retain
ownership of the right to let third parties translate it into languages copyright in their Contributions. This includes
Internet-Drafts and all other
than English .ti -3 d. except where explicitly excluded (see
Section 5.2), the right to make derivative works Contributions made within the IETF
process.
e. the right to let third parties extract some logical parts, for
example MIB modules
The authors retain all other rights, but cannot withdraw
Standards Process (e.g., via e-mail, oral comment and otherwise).
However, it is important that the above
rights from IETF (through the IETF Trust and IETF.
7.2. Rights to use Contributed Material
Because, under Trust) own
the laws of most countries and applicable
international treaties, copyright rights come into existence whenever
a work of authorship is created (but see Section 8 below regarding
public domain documents), in documents that are published as RFCs (other than
Informational RFCs and IETF cannot make use RFCs that are submitted as RFC Editor
Contributions). Ownership of IETF
Contributions if it the copyright in an RFC does not have sufficient
diminish the Contributors' rights with respect to
these copyright rights, in their underlying contributions,
but it is important that does prevent anyone other than the IETF receive
assurances Trust (and its
licensees) from all republishing or modifying an RFC in RFC format. In
this respect, Contributors that are treated the same as anybody else:
though they have may extract and republish their own Contributions without
limitation, they may not do so in the authority IETF's RFC format. And while
this principle (which is included in Section 5.9 below) may appear to
grant the IETF the rights that they claim
be new to grant. Without this
assurance, IETF IETF, it actually reflects historical practice and its participants would run a greater risk of
liability to has been
observed for many years through the owners inclusion of these rights.
To this end, an ISOC or IETF asks Contributors to give
Trust copyright notice on all RFC documents since the assurances in Section
3.4 above. These assurances are requested, however, publication of
RFC 2026.
4. RFC Editor Documents
This document only relates to the
extent Contributions made as part of the Contributor's reasonable and personal knowledge. (See
Section 1(l))
7.3. Right to Produce Derivative Works
The IETF needs
Standards Process. Other documents that are referred to as Internet-
Drafts and RFCs may be able submitted to evolve and published by the RFC Editor
independently of the IETF Documents Standards Process. Such "RFC Editor
Documents" are not covered by this document. RFC Editor
Contributions must be marked appropriately as described in response the 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 to
experience gained have read
and understood the rules and requirements set forth in this document.
Each Contributor is deemed, by the deployment act of the technologies described in
such IETF Documents, to incorporate developments in research and submitting a Contribution,
to
react enter into a legally-binding agreement to changing comply with the terms
and conditions set forth in this document, on the Internet his 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 other IP networks.
In order action is required to do this the IETF must be able bind a
Contributor to produce derivatives these terms and conditions. The operation of
its documents; thus the IETF must obtain
and the right from Contributors
to produce derivative works.
The right to produce derivative works work conducted by its many participants is required for all IETF
standards track documents dependent on such
agreement by each Contributor, and for most each IETF non-standards track
documents. There are two exceptions to this requirement: documents
describing proprietary technologies and documents that are
republications of participant expressly
relies on the work agreement of other standards organizations.
The right each Contributor to produce derivative works must be granted the terms and
conditions set forth in order for an
IETF working group this document.
5.2. Confidentiality Obligations
No information or document that is subject to accept an IETF Contribution any requirement of
confidentiality or any restriction on its dissemination may be
submitted as a working group
document Contribution or otherwise work on it. For non-working group IETF
Contributions where considered in any part of
the IETF Standards Process, and there must be no assumption of any
confidentiality obligation with respect to any Contribution. Each
Contributor requests publication as agrees that any statement in a
standards track RFC Contribution, whether
generated automatically or otherwise, that states or implies that the right
Contribution is confidential or subject to produce derivative works must any privilege, can be
granted before the IESG will issue an IETF Last-Call and,
disregarded for most
non-standards track non-working group IETF Contributions, before the
IESG all purposes, and will consider be of no force or effect.
5.3. Rights Granted by Contributors to the Internet-Draft for publication. Occasionally IETF Trust
To the extent that a Contributor may not want to grant publication rights 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 produce derivative works before finding out if an the IETF
Contribution has been accepted for development Trust under
all such copyrights and other rights in the IETF Standards
Process. In these cases Contribution.
(A) to copy, publish, display, and distribute the Contributor may include Contribution, in
whole or in part,
(B) to prepare translations of the Derivative
Works Limitation described Contribution into languages other
than English, in Section 5.2 whole or in part, and the Publication
Limitation described to copy, publish, display,
and distribute such translations or portions thereof,
(C) unless explicitly disallowed in Section 5.3 the notices contained in their IETF Contribution. A
working group can discuss a
Contribution [in the Internet-Draft with form specified by the aim Legend Instructions],
to decide
if it should become a working group document, even though modify or prepare derivative works (in addition to
translations) that are based on or incorporate all or part of the right
Contribution, and to produce copy, publish, display, and distribute such
derivative works works, or portions thereof, and
(D) to publish the IETF Contribution as an
RFC has not yet been granted. If reproduce any trademarks, service marks or trade names which
are included in the IETF Contribution is accepted
for development solely in connection with the Contributor must then resubmit
reproduction, distribution or publication of the IETF Contribution without the limitation notices before a working group
can formally adopt and
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 IETF Contribution as a working group document. Trust
The IETF has historically encouraged organizations to publish details
of their technologies, even when Trust will sublicense the technologies 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 willing rights granted to have the it under Section
5.3 to all IETF produce revisions of the technologies and then claim
that participants for use within the IETF version Standards
Process. This license is expressly granted under [TRUST LICENSE
DOCUMENT].
In addition, the "new version" IETF Trust may grant additional sublicenses of the organization's
technology. Organizations that feel this way can specify that an
licenses granted to it hereunder. In doing so, the IETF
Contribution can be published Trust will
comply with the other rights guidance 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 under
this document but may withhold the any patent, patent application or other similar
intellectual property right disclosed by the Contributor under BCP 79
or otherwise.
5.6. Representations and Warranties
With respect to each Contribution, each Contributor represents that
to produce derivative works
other than translations. the best of his or her knowledge and ability:
a. The right to produce translations Contribution properly acknowledges all major Contributors. A
major Contributor is
required before any IETF Contribution can be published as an RFC person who has materially or
substantially contributed to
ensure the widest possible distribution of the material Contribution.
b. No information in RFCs.
In addition, IETF Documents frequently make normative references to
standards or recommendations developed by other standards
organizations. Since the publications of some standards Contribution is confidential and the IETF,
IETF Trust, ISOC, and its affiliated organizations may freely
disclose any information in the Contribution.
c. There are not public documents, it can be quite helpful no limits to the IETF Contributor's ability to
republish, with the permission of make the other standards organization,
some of these documents as RFCs so
grants, acknowledgments and agreements herein that the IETF community can have
open access to them to better understand what they are referring to.
In these cases reasonably
and personally known to the RFCs can be published without Contributor.
d. The Contributor has not intentionally included in the right for Contribution
any material which is defamatory or untrue or which is illegal
under the
IETF to produce derivative works.
In both laws of the above cases jurisdiction in which the production Contributor has
his or her principal place of derivative
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 Contributor must include a special legend in are clearly designated as such where
reasonable.
5.7. No Duty to Publish
The Contributor, and each named co-Contributor, acknowledges that the
IETF Contribution, as specified in Section 5.2, in order has no duty to
notify publish or otherwise use or disseminate any
Contribution. The IETF participants about this restriction.
7.4. Rights to Use Trademarks
Contributors may wish reserves the right to seek trademark withdraw or service mark protection on cease using
any terms Contribution that are coined does 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 IETF Contributions. IETF
makes no judgment about
Contributions are requested to state specifically what conditions
apply to implementers of the validity technology relative to the use of any such trademark rights.
However,
trademarks. Such statements should be submitted in the IETF requires same way as is
done for other intellectual property claims. (See [RFC3979] Section
6.)
5.9 Copyright in RFCs
Subject to each Contributor, under Contributor's (or its sponsor's) ownership of its
underlying Contributions (which ownership is qualified by the
irrevocable licenses
described in granted under Section 3.3 above, to grant IETF a perpetual license to
use 5.3), each Contributor
hereby acknowledges that the copyright in any RFC in which such trademarks
Contribution is included, other than an Informational RFC or service marks solely in exercising its
rights to reproduce, publish and modify an RFC
that is an RFC Editor Contribution, shall be owned by the IETF Contribution. This
license does not authorize any IETF participant to use any trademark
or service mark in connection with any product or service offering,
but only Trust.
6. Legends, Notices and Other Standardized Text in the context of IETF Documents and discussions.
8. Contributions Not Subject to Copyright
Certain documents, including those produced by the U.S. government
and those which are
The IETF requires that certain standardized text be reproduced
verbatim in the public domain, certain IETF Documents (including copies, derivative
works and translations of IETF Documents). Some of this standardized
text may not be protected by the
same mandatory (e.g., copyright notices and other 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 make the same
representations, derivative works). The text itself,
as though the IETF Contribution were protected by
the same legal rights well as other documents, the rules that explain when and as though how it must be used, are
contained in the
Contributor could Legend Instructions. The Legend Instructions may be able
updated from time to grant these rights. We ask for these
grants time, and representations only to the extent that version of the Contribution
may standardized text
that must be protected. We believe they are necessary to protect included in IETF Documents is that which was posted in
the ISOC, Legend Instructions on the date of publication.
The IETF Trust, reserves the IETF, 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 IETF Standards Process and all IETF
participants, Trust
rights pursuant to this document and also because the IETF does policies described herein.
The legends and notices included in certain written Contributions
such as Internet-Drafts do not have the resources
or wherewithal to make themselves convey any independent investigation as rights. They
are simply included to inform the actual
proprietary status reader (whether or not part of any 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. References
10.1.
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.html
11.
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 Address
10. 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/SHE REPRESENTS
OR REPRESENTSOR
IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY, THE IETF TRUST AND
THE INTERNET ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS
OR
EXPRESSOR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE
USE OF
THE OFTHE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED
WARRANTIES
IMPLIEDWARRANTIES 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. ietf-ipr@ietf.org.
Acknowledgement
Funding for the RFC Editor function is currently provided by the
Internet Society. ??
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