draft-ietf-ipr-3978-incoming-03.txt   draft-ietf-ipr-3978-incoming-04.txt 
Network Working Group S. Bradner Network Working Group S. Bradner
Internet-Draft Harvard University Internet-Draft Harvard University
Jorge Contreras Jorge Contreras
WilmerHale WilmerHale
Editors Editors
13 November 2007 4 December 2007
Rights Contributors provide to the IETF Trust Rights Contributors provide to the IETF Trust
<draft-ietf-ipr-3978-incoming-03.txt> <draft-ietf-ipr-3978-incoming-04.txt>
Status of this Memo Status of this Memo
By submitting this Internet-Draft, each author represents that any By submitting this Internet-Draft, each author represents that any
applicable patent or other IPR claims of which he or she is aware 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 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. aware will be disclosed, in accordance with Section 6 of BCP 79.
Internet-Drafts are working documents of the Internet Engineering Internet-Drafts are working documents of the Internet Engineering
Task Force (IETF), its areas, and its working groups. Note that Task Force (IETF), its areas, and its working groups. Note that
other groups may also distribute working documents as Internet- other groups may also distribute working documents as Internet-
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any of the settings described in 1(c) below. any of the settings described in 1(c) below.
g. "IETF Trust": A trust established under the laws of the g. "IETF Trust": A trust established under the laws of the
Commonwealth of Virginia, USA, in order to hold and administer Commonwealth of Virginia, USA, in order to hold and administer
intellectual property rights for the benefit of the IETF. intellectual property rights for the benefit of the IETF.
h. "Internet-Draft": temporary documents used in the IETF Standards h. "Internet-Draft": temporary documents used in the IETF Standards
Process. Internet-Drafts are posted on the IETF web site by the Process. Internet-Drafts are posted on the IETF web site by the
IETF Secretariat. As noted in Section 2.2 of RFC 2026, Internet- IETF Secretariat. As noted in Section 2.2 of RFC 2026, Internet-
Drafts have a nominal maximum lifetime of six months in the IETF Drafts have a nominal maximum lifetime of six months in the IETF
Secretariat's public directory. Secretariat's public directory.
i. "Legend Instructions" means the standardized text that is i. "Legend Instructions" means the standardized text that is
included in IETF Documents and the instructions and requirements maintained by the IETF Trust and is included in IETF Documents and
for including that standardized text in IETF Documents, each as the instructions and requirements for including that standardized
posted from time to time at http://www.ietf.org/legends. text in IETF Documents, each as posted from time to time at
http://www.ietf.org/legends.
j. "RFC": the basic publication series for the IETF. RFCs are j. "RFC": the basic publication series for the IETF. RFCs are
published by the RFC Editor. Although RFCs may be superseded in published by the RFC Editor. Although RFCs may be superseded in
whole or in part by subsequent RFCs, the text of an RFC is not whole or in part by subsequent RFCs, the text of an RFC is not
altered once published in RFC form. (See [RFC2026] Section 2.1) altered once published in RFC form. (See [RFC2026] Section 2.1)
k. "Reasonably and personally known": means something an individual k. "Reasonably and personally known": means something an individual
knows personally or, because of the job the individual holds, knows personally or, because of the job the individual holds,
would reasonably be expected to know. This wording is used to would reasonably be expected to know. This wording is used to
indicate that an organization cannot purposely keep an individual indicate that an organization cannot purposely keep an individual
in the dark about patents or patent applications just to avoid the in the dark about patents or patent applications just to avoid the
disclosure requirement. But this requirement should not be disclosure requirement. But this requirement should not be
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In order for Contributions to be used within the IETF Standards In order for Contributions to be used within the IETF Standards
Process, including when they are published as Internet-Drafts or Process, including when they are published as Internet-Drafts or
RFCs, certain limited rights must be granted to the IETF Trust, which RFCs, certain limited rights must be granted to the IETF Trust, which
then grants the necessary rights to the IETF. In addition, then grants the necessary rights to the IETF. In addition,
Contributors must make representations to the IETF Trust and the IETF Contributors must make representations to the IETF Trust and the IETF
regarding their ability to grant these rights. regarding their ability to grant these rights.
Section 1 provides definitions used in these policies. Sections 3 Section 1 provides definitions used in these policies. Sections 3
and 4 of this document explain the rationale for these provisions. and 4 of this document explain the rationale for these provisions.
Only sections 5 and 6 of this document are normative, the other Sections 1, 2, 5 and 6 of this document are normative, the other
sections are informative. A companion document RFC 3979 [RFC3979] sections are informative. A companion document RFC 3979 [RFC3979]
deals with rights, including possible patent rights, in technologies deals with rights, including possible patent rights, in technologies
developed or specified as part of the IETF Standards Process. This developed or specified as part of the IETF Standards Process. This
document is not intended to address those issues. This memo document is not intended to address those issues. This memo
obsoletes RFC 3978 and 4748 and, with RFC 3979 and RFC obsoletes RFC 3978 and 4748 and, with RFC 3979 and RFC
xxx(-outgoing), replaces Section 10 of RFC 2026. xxx(-outgoing), replaces Section 10 of RFC 2026.
This document is not intended as legal advice. Readers are advised to This document is not intended as legal advice. Readers are advised to
consult their own legal advisors if they would like a legal consult their own legal advisors if they would like a legal
interpretation of their rights or the rights of the IETF Trust in any interpretation of their rights or the rights of the IETF Trust in any
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Contributor agrees that any statement in a Contribution, whether Contributor agrees that any statement in a Contribution, whether
generated automatically or otherwise, that states or implies that the generated automatically or otherwise, that states or implies that the
Contribution is confidential or subject to any privilege, can be Contribution is confidential or subject to any privilege, can be
disregarded for all purposes, and will be of no force or effect. disregarded for all purposes, and will be of no force or effect.
5.3. Rights Granted by Contributors to the IETF Trust 5.3. Rights Granted by Contributors to the IETF Trust
To the extent that a Contribution or any portion thereof is protected To the extent that a Contribution or any portion thereof is protected
by copyright or other rights of authorship, the Contributor, and each by copyright or other rights of authorship, the Contributor, and each
named co-Contributor, and the organization he or she represents or is named co-Contributor, and the organization he or she represents or is
sponsored by (if any) grant a perpetual, irrevocable, non-exclusive, sponsored by (if any) grant a perpetual, irrevocable, non-exclusive,
royalty-free, world-wide right and license to the IETF Trust under royalty-free, world-wide sublicensable right and license to the IETF
all such copyrights and other rights in the Contribution: Trust under all such copyrights and other rights in the Contribution:
(A) to copy, publish, display, and distribute the Contribution, in (A) to copy, publish, display, and distribute the Contribution, in
whole or in part, whole or in part,
(B) to prepare translations of the Contribution into languages other (B) to prepare translations of the Contribution into languages other
than English, in whole or in part, and to copy, publish, display, than English, in whole or in part, and to copy, publish, display,
and distribute such translations or portions thereof, and distribute such translations or portions thereof,
(C) to modify or prepare derivative works (in addition to (C) to modify or prepare derivative works (in addition to
translations) that are based on or incorporate all or part of the translations) that are based on or incorporate all or part of the
Contribution, and to copy, publish, display, and distribute such Contribution, and to copy, publish, display, and distribute such
derivative works, or portions thereof unless explicitly disallowed derivative works, or portions thereof unless explicitly disallowed
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his or her principal place of business or residence. his or her principal place of business or residence.
e. All trademarks, trade names, service marks and other proprietary e. All trademarks, trade names, service marks and other proprietary
names used in the Contribution that are reasonably and personally names used in the Contribution that are reasonably and personally
known to the Contributor are clearly designated as such where known to the Contributor are clearly designated as such where
reasonable. reasonable.
5.7. No Duty to Publish 5.7. No Duty to Publish
The Contributor, and each named co-Contributor, acknowledges that the The Contributor, and each named co-Contributor, acknowledges that the
IETF has no duty to publish or otherwise use or disseminate any IETF has no duty to publish or otherwise use or disseminate any
Contribution. The IETF reserves the right to withdraw or cease using Contribution. The IETF reserves the right to withdraw or cease using
any Contribution that does not comply with the requirements of any Contribution that does not comply with the requirements of this
Section 5.3 and Section 5.4 or 5.6. Section 5.
5.8. Trademarks 5.8. Trademarks
Contributors who claim trademark rights in terms used in their IETF Contributors who claim trademark rights in terms used in their IETF
Contributions are requested to state specifically what conditions Contributions are requested to state specifically what conditions
apply to implementers of the technology relative to the use of such apply to implementers of the technology relative to the use of such
trademarks. Such statements should be submitted in the same way as is trademarks. Such statements should be submitted in the same way as is
done for other intellectual property claims. (See [RFC3979] Section done for other intellectual property claims. (See [RFC3979] Section
6.) 6.)
5.9. Copyright in RFCs 5.9. Copyright in RFCs
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shall be deemed to assign to the IETF Trust such Contributor's shall be deemed to assign to the IETF Trust such Contributor's
copyright interest in the collective work constituting such RFC upon copyright interest in the collective work constituting such RFC upon
the submission of such RFC for publication, and acknowledges that a the submission of such RFC for publication, and acknowledges that a
copyright notice acknowledging the IETF Trust's ownership of the copyright notice acknowledging the IETF Trust's ownership of the
copyright in such RFC will be included in the published RFC. copyright in such RFC will be included in the published RFC.
5.10. Contributors retention of rights 5.10. Contributors retention of rights
Although contributors provide specific rights to the IETF, it is not Although contributors provide specific rights to the IETF, it is not
intended that this should deprive them of any rights in their intended that this should deprive them of any rights in their
contributions. To underwrite this principle, the IETF Trust is contributions. To underwrite this principle, the IETF Trust is
requested to issue a form of license to contributors which ensures directed to issue a form of license to contributors which ensures
that they may each make use of their contributed material as that they may each make use of their contributed material as
published in an RFC in any way they wish, subject only to the published in an RFC in any way they wish, subject only to the
restriction that no contributor has the right to represent any restriction that no contributor has the right to represent any
document as an RFC, or equivalent to an RFC, if it is not a full and document as an RFC, or equivalent to an RFC, if it is not a full and
complete copy or translation of the published RFC. complete copy or translation of the published RFC.
6. Legends, Notices and Other Standardized Text in IETF Documents 6. Legends, Notices and Other Standardized Text in IETF Documents
The IETF requires that certain standardized text be reproduced The IETF requires that certain standardized text be reproduced
verbatim in certain IETF Documents (including copies, derivative verbatim in certain IETF Documents (including copies, derivative
works and translations of IETF Documents). Some of this standardized works and translations of IETF Documents). Some of this standardized
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reorder 5.3 (C) reorder 5.3 (C)
added section 5.10 added section 5.10
removed "an Informational RFC" from section 5.9 removed "an Informational RFC" from section 5.9
added text about assigning rights and acknowledging that a added text about assigning rights and acknowledging that a
copyright notice will be added to section 5.9 copyright notice will be added to section 5.9
added 2nd pp to section 3.6 from RFC 3978 added 2nd pp to section 3.6 from RFC 3978
added pp on multiple copyright notices to sec 6 added pp on multiple copyright notices to sec 6
version 02 ->03 version 02 ->03
replaced the text in section 5.10 replaced the text in section 5.10
version 03 -> 04
change "requested" to "directed" in section 5.10
add sections 1 & 2 to the list of normative sections in section 2
sec 5.7 - replace last sentence
sec 5.3 preface - add "sublicensable"
sec 1 i - add that the IETF Trust maintains the Legend Instructions
open issues
a/ the use of the terms Contribution and Contributors -
for example in section 5.6
b/ do we need specific mention of work for hire in sec 3.2 ??
 End of changes. 8 change blocks. 
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