--- 1/draft-ietf-ipr-3978-incoming-05.txt 2008-01-18 21:12:15.000000000 +0100 +++ 2/draft-ietf-ipr-3978-incoming-06.txt 2008-01-18 21:12:15.000000000 +0100 @@ -1,21 +1,21 @@ Network Working Group S. Bradner Internet-Draft Harvard University Jorge Contreras WilmerHale Editors - 3 January 2008 + 7 January 2008 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- @@ -25,21 +25,21 @@ 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 June 3, 2008. + This Internet-Draft will expire on June 7, 2008. Copyright (C) The IETF Trust (2008). 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 @@ -71,23 +71,23 @@ 6. Legends, Notices and Other Standardized Text in IETF Documents 7. Security Considerations 8. References 8.1. Normative References 8.2. Informative References 9. Acknowledgements 10. Editors' Addresses Full Copyright Statement 1. Definitions - The following definitions are for terms used in the context of - thisdocument. Other terms, including "IESG," "ISOC," "IAB," and - "RFCEditor," are defined in [RFC2028]. + The following definitions are for terms used in the context of this + document. Other terms, including "IESG," "ISOC," "IAB," and "RFC + Editor," are defined in [RFC2028]. a. "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, @@ -98,66 +98,66 @@ 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. 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 "copyright" is not equivalent to a "right to copy". Rather a copyright encompasses all of the exclusive rights that an author has in a work, such as the rights to copy, publish, distribute and create derivative works of the 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 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 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. - e. "IETF Documents": RFCs and Internet-Drafts. - f. "IETF Standards Process": the activities undertaken by the IETF in - any of the settings described in 1(c) below. - g. "IETF Trust": A trust established under the laws of the + f. "IETF Documents": RFCs and Internet-Drafts. + g. "IETF Standards Process": the activities undertaken by the IETF in + any of the settings described in 1(a) above. + h. "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 + i. "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 + j. "Legend Instructions" means the standardized text that is 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 + k. "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 + 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. - l. "RFC Editor Documents": means Internet-Drafts that are submitted t - the RFC Editor independently of the IETF Standards Process. (See - section4.) + in the dark about certain information just to avoid the disclosure + requirement. + m. "RFC Editor Documents": means Internet-Drafts that are submitted + to the RFC Editor independently of the IETF Standards Process. + (See Section 4.) 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 Convention]), authors obtain numerous rights in the works they produce automatically upon producing them. These @@ -397,21 +397,21 @@ confidentiality obligation with respect to any Contribution. Each 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 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: (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 @@ -439,24 +439,22 @@ 5.5. No Patent License The licenses granted in Section 5.3 shall not be deemed to grant any right under 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 the best of his or her knowledge and ability: - a. The Contribution properly acknowledges all Indirect Contributors. - An Indirect Contributor is any person who has materially or - substantially contributed to the Contribution without being - personally involved in its submission to the IETF. + a. The Contribution properly acknowledges all Contributors including + Indirect Contributors. b. No information in the Contribution is confidential and the IETF, IETF Trust, ISOC, and its affiliated organizations may freely disclose any information in the Contribution. c. There are no limits to the Contributor's ability to make the grants, acknowledgments and agreements herein that are reasonably and personally known to the Contributor. d. The Contributor has not intentionally included in the Contribution any material which is defamatory or untrue or which is illegal under the laws of the jurisdiction in which the Contributor has his or her principal place of business or residence. @@ -475,40 +473,41 @@ 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 Subject to each Contributor's (or its sponsor's) ownership of its - underlying Contributions (which ownership is qualified by the - irrevocable licenses granted under Section 5.3), each Contributor - hereby acknowledges that the copyright in any RFC in which such - Contribution is included, other than an RFC that is an RFC Editor - Contribution, shall be owned by the IETF Trust. Such Contributor - 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. + underlying Contributions as described in Section 5.6(which ownership + is qualified by the irrevocable licenses granted under Section 5.3), + each Contributor hereby acknowledges that the copyright in any RFC in + which such Contribution is included, other than an RFC that is an RFC + Editor Contribution, shall be owned by the IETF Trust. Such + Contributor 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 - directed to issue a form of license to contributors which ensures - that they may each make use of their contributed material as + Although Contributors provide specific rights to the IETF, it is not + intended that this should deprive them of their right to exploit + their Contributions. To underscore this principle, the IETF Trust is + directed to issue a license or assurance to Contributors which + confirms that they may each make use of their Contributions 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 + restriction that no Contributor has the right to represent any + document as an RFC, or equivalent of 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 text may be mandatory (e.g., copyright notices and disclaimers that must be included in all RFCs) and some may be optional (e.g., 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 @@ -526,22 +525,23 @@ The legends and notices included in certain written Contributions such as Internet-Drafts do not themselves convey any rights. They are simply included to inform the reader (whether or not part of the IETF) about certain legal rights and limitations associated with such documents. It is also important to note that additional copyright notices 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. + is a republication of the work of another standards development + organization. Such exceptions must be approved on an individual + basis by the IAB. 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. 8. References 8.1. Normative References @@ -638,10 +638,20 @@ 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 version 04 -> 05 replaced section 5.1 & the 1st pp of section 5.3 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