draft-ietf-ipr-3978-incoming-05.txt   draft-ietf-ipr-3978-incoming-06.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
3 January 2008 7 January 2008
Rights Contributors provide to the IETF Trust Rights Contributors provide to the IETF Trust
<draft-ietf-ipr-3978-incoming-05.txt> <draft-ietf-ipr-3978-incoming-06.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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and may be updated, replaced, or obsoleted by other documents at any and may be updated, replaced, or obsoleted by other documents at any
time. It is inappropriate to use Internet-Drafts as reference time. It is inappropriate to use Internet-Drafts as reference
material or to cite them other than as "work in progress." material or to cite them other than as "work in progress."
The list of current Internet-Drafts can be accessed at The list of current Internet-Drafts can be accessed at
http://www.ietf.org/ietf/1id-abstracts.txt. http://www.ietf.org/ietf/1id-abstracts.txt.
The list of Internet-Draft Shadow Directories can be accessed at The list of Internet-Draft Shadow Directories can be accessed at
http://www.ietf.org/shadow.html. http://www.ietf.org/shadow.html.
This Internet-Draft will expire on June 3, 2008. This Internet-Draft will expire on June 7, 2008.
Copyright (C) The IETF Trust (2008). Copyright (C) The IETF Trust (2008).
Abstract Abstract
The IETF policies about rights in Contributions to the IETF are The IETF policies about rights in Contributions to the IETF are
designed to ensure that such Contributions can be made available to designed to ensure that such Contributions can be made available to
the IETF and Internet communities while permitting the authors to the IETF and Internet communities while permitting the authors to
retain as many rights as possible. This memo details the IETF retain as many rights as possible. This memo details the IETF
policies on rights in Contributions to the IETF. It also describes policies on rights in Contributions to the IETF. It also describes
the objectives that the policies are designed to meet. This memo the objectives that the policies are designed to meet. This memo
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6. Legends, Notices and Other Standardized Text in IETF Documents 6. Legends, Notices and Other Standardized Text in IETF Documents
7. Security Considerations 7. Security Considerations
8. References 8. References
8.1. Normative References 8.1. Normative References
8.2. Informative References 8.2. Informative References
9. Acknowledgements 9. Acknowledgements
10. Editors' Addresses 10. Editors' Addresses
Full Copyright Statement Full Copyright Statement
1. Definitions 1. Definitions
The following definitions are for terms used in the context of The following definitions are for terms used in the context of this
thisdocument. Other terms, including "IESG," "ISOC," "IAB," and document. Other terms, including "IESG," "ISOC," "IAB," and "RFC
"RFCEditor," are defined in [RFC2028]. Editor," are defined in [RFC2028].
a. "Contribution": any submission to the IETF intended by the a. "Contribution": any submission to the IETF intended by the
Contributor for publication as all or part of an Internet-Draft or Contributor for publication as all or part of an Internet-Draft or
RFC (except for RFC Editor Contributions described in Section 4 RFC (except for RFC Editor Contributions described in Section 4
below) and any statement made within the context of an IETF below) and any statement made within the context of an IETF
activity. Such statements include oral statements in IETF activity. Such statements include oral statements in IETF
sessions, as well as written and electronic communications made at sessions, as well as written and electronic communications made at
any time or place, which are addressed to: any time or place, which are addressed to:
o the IETF plenary session, o the IETF plenary session,
o any IETF working group or portion thereof, o any IETF working group or portion thereof,
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working group or design team list, or any other list working group or design team list, or any other list
functioning under IETF auspices, functioning under IETF auspices,
o the RFC Editor or the Internet-Drafts function (except for RFC o the RFC Editor or the Internet-Drafts function (except for RFC
Editor Contributions described in Section 4 below). Editor Contributions described in Section 4 below).
Statements made outside of an IETF session, mailing list or other Statements made outside of an IETF session, mailing list or other
function, that are clearly not intended to be input to an IETF function, that are clearly not intended to be input to an IETF
activity, group or function, are not IETF Contributions in the activity, group or function, are not IETF Contributions in the
context of this document. context of this document.
b. "Contributor": an individual submitting a Contribution. b. "Contributor": an individual submitting a Contribution.
c. "Copyright" means the legal right granted to an author in a c. "Indirect Contributor": any person who has materially or
substantially contributed to a Contribution without being
personally involved in its submission to the IETF.
d. "Copyright" means the legal right granted to an author in a
document or other work of authorship under applicable law. A document or other work of authorship under applicable law. A
"copyright" is not equivalent to a "right to copy". Rather a "copyright" is not equivalent to a "right to copy". Rather a
copyright encompasses all of the exclusive rights that an author copyright encompasses all of the exclusive rights that an author
has in a work, such as the rights to copy, publish, distribute and has in a work, such as the rights to copy, publish, distribute and
create derivative works of the work. An author often cedes these create derivative works of the work. An author often cedes these
rights to his or her employer or other parties as a condition of rights to his or her employer or other parties as a condition of
employment or compensation. employment or compensation.
d. "IETF": In the context of this document, the IETF includes all e. "IETF": In the context of this document, the IETF includes all
individuals who participate in meetings, working groups, mailing individuals who participate in meetings, working groups, mailing
lists, functions and other activities which are organized or lists, functions and other activities which are organized or
initiated by ISOC, the IESG or the IAB under the general initiated by ISOC, the IESG or the IAB under the general
designation of the Internet Engineering Task Force or IETF, but designation of the Internet Engineering Task Force or IETF, but
solely to the extent of such participation. solely to the extent of such participation.
e. "IETF Documents": RFCs and Internet-Drafts. f. "IETF Documents": RFCs and Internet-Drafts.
f. "IETF Standards Process": the activities undertaken by the IETF in g. "IETF Standards Process": the activities undertaken by the IETF in
any of the settings described in 1(c) below. any of the settings described in 1(a) above.
g. "IETF Trust": A trust established under the laws of the h. "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 i. "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 j. "Legend Instructions" means the standardized text that is
maintained by the IETF Trust and is included in IETF Documents and maintained by the IETF Trust and is included in IETF Documents and
the instructions and requirements for including that standardized the instructions and requirements for including that standardized
text in IETF Documents, each as posted from time to time at text in IETF Documents, each as posted from time to time at
http://www.ietf.org/legends. http://www.ietf.org/legends.
j. "RFC": the basic publication series for the IETF. RFCs are k. "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 l. "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 certain information just to avoid the disclosure
disclosure requirement. But this requirement should not be requirement.
interpreted as requiring the IETF Contributor or participant (or m. "RFC Editor Documents": means Internet-Drafts that are submitted
his or her represented organization, if any) to perform a patent to the RFC Editor independently of the IETF Standards Process.
search in an attempt to find applicable IPR. (See Section 4.)
l. "RFC Editor Documents": means Internet-Drafts that are submitted t
the RFC Editor independently of the IETF Standards Process. (See
section4.)
2. Introduction 2. Introduction
In all matters of copyright and document procedures, the intent is to In all matters of copyright and document procedures, the intent is to
benefit the Internet community and the public at large, while benefit the Internet community and the public at large, while
respecting the legitimate rights of others. respecting the legitimate rights of others.
Under the laws of most countries and current international treaties Under the laws of most countries and current international treaties
(for example the "Berne Convention for the Protection of Literary and (for example the "Berne Convention for the Protection of Literary and
Artistic Work" [Berne Convention]), authors obtain numerous rights in Artistic Work" [Berne Convention]), authors obtain numerous rights in
the works they produce automatically upon producing them. These the works they produce automatically upon producing them. These
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confidentiality obligation with respect to any Contribution. Each confidentiality obligation with respect to any Contribution. Each
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 grant a perpetual, irrevocable, non-exclusive, named co-Contributor grant a perpetual, irrevocable, non-exclusive,
royalty-free, world-wide sublicensable right and license to the IETF royalty-free, world-wide, sublicensable right and license to the IETF
Trust under 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
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5.5. No Patent License 5.5. No Patent License
The licenses granted in Section 5.3 shall not be deemed to grant any The licenses granted in Section 5.3 shall not be deemed to grant any
right under any patent, patent application or other similar right under any patent, patent application or other similar
intellectual property right disclosed by the Contributor under BCP 79 intellectual property right disclosed by the Contributor under BCP 79
or otherwise. or otherwise.
5.6. Representations and Warranties 5.6. Representations and Warranties
With respect to each Contribution, each Contributor represents that With respect to each Contribution, each Contributor represents that
to the best of his or her knowledge and ability: to the best of his or her knowledge and ability:
a. The Contribution properly acknowledges all Indirect Contributors. a. The Contribution properly acknowledges all Contributors including
An Indirect Contributor is any person who has materially or Indirect Contributors.
substantially contributed to the Contribution without being
personally involved in its submission to the IETF.
b. No information in the Contribution is confidential and the IETF, b. No information in the Contribution is confidential and the IETF,
IETF Trust, ISOC, and its affiliated organizations may freely IETF Trust, ISOC, and its affiliated organizations may freely
disclose any information in the Contribution. disclose any information in the Contribution.
c. There are no limits to the Contributor's ability to make the c. There are no limits to the Contributor's ability to make the
grants, acknowledgments and agreements herein that are reasonably grants, acknowledgments and agreements herein that are reasonably
and personally known to the Contributor. and personally known to the Contributor.
d. The Contributor has not intentionally included in the Contribution d. The Contributor has not intentionally included in the Contribution
any material which is defamatory or untrue or which is illegal any material which is defamatory or untrue or which is illegal
under the laws of the jurisdiction in which the Contributor has under the laws of the jurisdiction in which the Contributor has
his or her principal place of business or residence. his or her principal place of business or residence.
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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
Subject to each Contributor's (or its sponsor's) ownership of its Subject to each Contributor's (or its sponsor's) ownership of its
underlying Contributions (which ownership is qualified by the underlying Contributions as described in Section 5.6(which ownership
irrevocable licenses granted under Section 5.3), each Contributor is qualified by the irrevocable licenses granted under Section 5.3),
hereby acknowledges that the copyright in any RFC in which such each Contributor hereby acknowledges that the copyright in any RFC in
Contribution is included, other than an RFC that is an RFC Editor which such Contribution is included, other than an RFC that is an RFC
Contribution, shall be owned by the IETF Trust. Such Contributor Editor Contribution, shall be owned by the IETF Trust. Such
shall be deemed to assign to the IETF Trust such Contributor's Contributor shall be deemed to assign to the IETF Trust such
copyright interest in the collective work constituting such RFC upon Contributor's copyright interest in the collective work constituting
the submission of such RFC for publication, and acknowledges that a such RFC upon the submission of such RFC for publication, and
copyright notice acknowledging the IETF Trust's ownership of the acknowledges that a copyright notice acknowledging the IETF Trust's
copyright in such RFC will be included in the published RFC. ownership of the 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 their right to exploit
contributions. To underwrite this principle, the IETF Trust is their Contributions. To underscore this principle, the IETF Trust is
directed to issue a form of license to contributors which ensures directed to issue a license or assurance to Contributors which
that they may each make use of their contributed material as confirms that they may each make use of their Contributions 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 of 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
text may be mandatory (e.g., copyright notices and disclaimers that text may be mandatory (e.g., copyright notices and disclaimers that
must be included in all RFCs) and some may be optional (e.g., must be included in all RFCs) and some may be optional (e.g.,
limitations on the right to make derivative works). The text itself, limitations on the right to make derivative works). The text itself,
as well as the rules that explain when and how it must be used, are as well as the rules that explain when and how it must be used, are
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The legends and notices included in certain written Contributions The legends and notices included in certain written Contributions
such as Internet-Drafts do not themselves convey any rights. They such as Internet-Drafts do not themselves convey any rights. They
are simply included to inform the reader (whether or not part of the are simply included to inform the reader (whether or not part of the
IETF) about certain legal rights and limitations associated with such IETF) about certain legal rights and limitations associated with such
documents. documents.
It is also important to note that additional copyright notices are It is also important to note that additional copyright notices are
not permitted in IETF Documents except in the case where such not permitted in IETF Documents except in the case where such
document is the product of a joint development effort between the document is the product of a joint development effort between the
IETF and another standards development organization or the document IETF and another standards development organization or the document
is a republication of the work of another standards organization. is a republication of the work of another standards development
Such exceptions must be approved on an individual basis by the IAB. organization. Such exceptions must be approved on an individual
basis by the IAB.
7. Security Considerations 7. Security Considerations
This memo relates to IETF process, not any particular technology. This memo relates to IETF process, not any particular technology.
There are security considerations when adopting any technology, but There are security considerations when adopting any technology, but
there are no known issues of security with IETF Contribution rights there are no known issues of security with IETF Contribution rights
policies. policies.
8. References 8. References
8.1. Normative References 8.1. Normative References
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sec 5.3 preface - add "sublicensable" sec 5.3 preface - add "sublicensable"
sec 1 i - add that the IETF Trust maintains the Legend Instructions sec 1 i - add that the IETF Trust maintains the Legend Instructions
open issues open issues
a/ the use of the terms Contribution and Contributors - a/ the use of the terms Contribution and Contributors -
for example in section 5.6 for example in section 5.6
b/ do we need specific mention of work for hire in sec 3.2 b/ do we need specific mention of work for hire in sec 3.2
version 04 -> 05 version 04 -> 05
replaced section 5.1 & the 1st pp of section 5.3 replaced section 5.1 & the 1st pp of section 5.3
replaced section 5.6 a replaced section 5.6 a
version 05 -> 06 - input from Jorge
fix various typos in document
add definition of "Indirect Contributor"
fix definition of "Reasonably and personally known" to be copyright-
related rather than patent-related
reword sec 5.6 a and remove definition of "Indirect Contributor"
add pointer to section 5.6 to section 5.9
tweak the wording on section 5.10
add "development" to the next to last sentence of section 6
 End of changes. 19 change blocks. 
48 lines changed or deleted 48 lines changed or added

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