--- 1/draft-ietf-ipr-3978-incoming-03.txt 2007-12-04 22:12:06.000000000 +0100 +++ 2/draft-ietf-ipr-3978-incoming-04.txt 2007-12-04 22:12:06.000000000 +0100 @@ -1,21 +1,21 @@ Network Working Group S. Bradner Internet-Draft Harvard University Jorge Contreras WilmerHale Editors - 13 November 2007 + 4 December 2007 Rights Contributors provide to the IETF Trust - + 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- @@ -124,23 +124,24 @@ any of the settings described in 1(c) below. g. "IETF Trust": A trust established under the laws of the Commonwealth of Virginia, USA, in order to hold and administer intellectual property rights for the benefit of the 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 2.2 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 is - included in IETF Documents and the instructions and requirements - for including that standardized text in IETF Documents, each as - posted from time to time at http://www.ietf.org/legends. + maintained by the IETF Trust and is included in IETF Documents and + the instructions and requirements for including that standardized + 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 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 Although RFCs may be superseded in whole or in part by subsequent RFCs, the text of an RFC is not altered once published in RFC form. (See [RFC2026] Section 2.1) k. "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 @@ -169,21 +170,21 @@ In order for Contributions to be used within the IETF Standards Process, including when they are published as Internet-Drafts or RFCs, certain limited rights must be granted to the IETF Trust, which then grants the necessary rights to the IETF. In addition, Contributors must make representations to the IETF Trust and the IETF regarding their ability to grant these rights. Section 1 provides definitions used in these policies. Sections 3 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] deals with 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. This memo obsoletes RFC 3978 and 4748 and, with RFC 3979 and RFC xxx(-outgoing), replaces Section 10 of 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 @@ -392,22 +393,22 @@ Contributor agrees that any statement in a Contribution, whether generated automatically or otherwise, that states or implies that the Contribution is confidential or subject to any privilege, can be disregarded for all purposes, and will be of no force or effect. 5.3. Rights Granted by Contributors to the IETF Trust To the extent that a Contribution or any portion thereof is protected by copyright or other rights of authorship, the Contributor, and each named co-Contributor, and the organization he or she represents or is sponsored by (if any) grant a perpetual, irrevocable, non-exclusive, - royalty-free, world-wide right and license to the IETF Trust under - all such copyrights and other rights in the Contribution: + royalty-free, world-wide sublicensable right and license to the IETF + Trust under all such copyrights and other rights in the Contribution: (A) to copy, publish, display, and distribute the Contribution, in whole or in part, (B) to prepare translations of the Contribution into languages other than English, in whole or in part, and to copy, publish, display, and distribute such translations or portions thereof, (C) to modify or prepare derivative works (in addition to translations) that are based on or incorporate all or part of the Contribution, and to copy, publish, display, and distribute such derivative works, or portions thereof unless explicitly disallowed @@ -456,22 +457,22 @@ his or her principal place of 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 are clearly designated as such where reasonable. 5.7. 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. The IETF reserves the right to withdraw or cease using - any Contribution that does not comply with the requirements of - Section 5.3 and Section 5.4 or 5.6. + any Contribution that does not comply with the requirements of this + Section 5. 5.8. Trademarks Contributors who claim trademark rights in terms used in their IETF Contributions are requested to state specifically what conditions apply to implementers of the technology relative to the use of such trademarks. Such statements should be submitted in the same way as is done for other intellectual property claims. (See [RFC3979] Section 6.) 5.9. Copyright in RFCs @@ -484,21 +485,21 @@ shall be deemed to assign to the IETF Trust such Contributor's copyright interest in the collective work constituting such RFC upon the submission of such RFC for publication, and acknowledges that a copyright notice acknowledging the IETF Trust's ownership of the copyright in such RFC will be included in the published RFC. 5.10. Contributors retention of rights Although contributors provide specific rights to the IETF, it is not intended that this should deprive them of any rights in their 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 published in an RFC in any way they wish, subject only to the 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 complete copy or translation of the published RFC. 6. Legends, Notices and Other Standardized Text in IETF Documents The IETF requires that certain standardized text be reproduced verbatim in certain IETF Documents (including copies, derivative works and translations of IETF Documents). Some of this standardized @@ -617,10 +618,21 @@ reorder 5.3 (C) added section 5.10 removed "an Informational RFC" from section 5.9 added text about assigning rights and acknowledging that a copyright notice will be added to section 5.9 added 2nd pp to section 3.6 from RFC 3978 added pp on multiple copyright notices to sec 6 version 02 ->03 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 ??