draft-ietf-ipr-3978-incoming-06.txt   draft-ietf-ipr-3978-incoming-07.txt 
Network Working Group S. Bradner Network Working Group S. Bradner
Internet-Draft Harvard University Internet-Draft Harvard University
Jorge Contreras Intended status: BCP Jorge Contreras
WilmerHale WilmerHale
Editors Editors
7 January 2008 4 February 2008
Rights Contributors provide to the IETF Trust Rights Contributors provide to the IETF Trust
<draft-ietf-ipr-3978-incoming-06.txt> <draft-ietf-ipr-3978-incoming-07.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 7, 2008. This Internet-Draft will expire on July 4, 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
obsoletes RFC 3978 and 4748 and, with RFC 3979 and RFC xxx obsoletes RFC 3978 and 4748 and, with RFC 3979 and RFC xxx (rfc
(-outgoing), replaces Section 10 of RFC 2026. editor - replace with the RFC # of -outgoing), replaces Section 10 of
RFC 2026.
Table of Contents Table of Contents
1. Definitions 1. Definitions
2. Introduction 2. Introduction
2.1 No Retroactive Effect 2.1 No Retroactive Effect
3. Exposition of why these procedures are the way they are 3. Exposition of why these procedures are the way they are
3.1. Rights Granted in Contributions 3.1. Rights Granted in Contributions
3.2. Rights to use Contributions 3.2. Rights to use Contributions
3.3. Right to Produce Derivative Works 3.3. Right to Produce Derivative Works
3.4. Rights to use Trademarks 3.4. Rights to use Trademarks
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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.
Sections 1, 2, 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 [RFC3978] and 4748 [RFC4748] and, with RFC 3979
xxx(-outgoing), replaces Section 10 of RFC 2026. [RFC3979] and [-outgoing], replaces Section 10 of RFC 2026 [RFC2026].
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
Contributions they make. [RFC4371] in any Contributions they make.
2.1 No Retroactive Effect 2.1 No Retroactive Effect
This memo does not retroactively obtain additional rights from This memo does not retroactively obtain additional rights from
Contributions that predate the date that the IETF Trust announces the Contributions that predate the date that the IETF Trust announces the
adoption of these procedures. adoption of these procedures.
3. Exposition of Why These Procedures Are the Way They Are 3. Exposition of Why These Procedures Are the Way They Are
3.1. Rights Granted in Contributions 3.1. Rights Granted in Contributions
The IETF Trust and IETF must obtain the right to publish an IETF The IETF Trust and IETF must obtain the right to publish an IETF
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It is important to note that under this document Contributors are It is important to note that under this document Contributors are
required to grant certain rights to the IETF Trust, (See Section required to grant certain rights to the IETF Trust, (See Section
5.3.) which holds all IETF-related intellectual property on behalf of 5.3.) which holds all IETF-related intellectual property on behalf of
the IETF community. The IETF Trust will, in turn, grant a sublicense the IETF community. The IETF Trust will, in turn, grant a sublicense
of these rights to all IETF participants for use in the IETF of these rights to all IETF participants for use in the IETF
Standards Process. (See Section 5.4.) This sublicense is necessary Standards Process. (See Section 5.4.) This sublicense is necessary
for the standards development work of the IETF to continue. In for the standards development work of the IETF to continue. In
addition, the IETF Trust may grant certain other sublicenses of the addition, the IETF Trust may grant certain other sublicenses of the
rights that it is granted under this document. In granting such rights that it is granted under this document. In granting such
other sublicenses, the IETF Trust will be guided and bound by other sublicenses, the IETF Trust will be guided and bound by
documents such as [-outbound]. documents such as [-outgoing].
3.2. Rights to use Contributions 3.2. Rights to use Contributions
It is important that the IETF receive assurances from all It is important that the IETF receive assurances from all
Contributors that they have the authority to grant the IETF the Contributors that they have the authority to grant the IETF the
rights that they claim to grant because, under the laws of most rights that they claim to grant because, under the laws of most
countries and applicable international treaties, copyright rights countries and applicable international treaties, copyright rights
come into existence when a work of authorship is created (but see come into existence when a work of authorship is created (but see
Section 3.5 below regarding public domain documents), and the IETF Section 3.5 below regarding public domain documents), and the IETF
cannot make use of IETF Contributions if it does not have sufficient cannot make use of IETF Contributions if it does not have sufficient
rights with respect to these copyright rights. IETF and its rights with respect to these copyright rights. IETF and its
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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 development is a republication of the work of another standards development
organization. Such exceptions must be approved on an individual organization. Such exceptions must be approved on an individual
basis by the IAB. basis by the IAB.
IANA Considerations (RFC Editor - please remove this section when
publishing)
This document presents no issues that should be considered by the
IANA (this section is here to mollify the ID-nits checker)
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
[RFC2026] Bradner, S., "The Internet Standards Process -- Revision [RFC2026] Bradner, S., "The Internet Standards Process -- Revision
3", BCP 9, RFC 2026, October 1996. 3", BCP 9, RFC 2026, October 1996.
[RFC2028] Hovey, R. and S. Bradner, "The Organizations Involved in [RFC2028] Hovey, R. and S. Bradner, "The Organizations Involved in
the IETF Standards Process", BCP 11, RFC 2028, October 1996. the IETF Standards Process", BCP 11, RFC 2028, October 1996.
[RFC3979] Bradner, S., Ed, "Intellectual Property Rights in IETF [RFC3979] Bradner, S., Ed, "Intellectual Property Rights in IETF
Technology", BCP 79, RFC 3979, March 2005. Technology", BCP 79, RFC 3979, March 2005.
[Trust] IETF Trust Agreement - http://trustee.ietf.org/xxx [RFC4371] Carpenter, B. and L. Lynch, "BCP 101 Update for IPR Trust,"
RFC 4371, January 2006
8.2. Informative References 8.2. Informative References
[RFC3978] Bradner, S. Ed., "IETF Rights in Contributions", RFC 3978, [RFC3978] Bradner, S. Ed., "IETF Rights in Contributions", RFC 3978,
March 2005. March 2005.
[Berne] "Berne Convention for the Protection of Literary and Artistic [RFC4748] Bradner, S., "RFC 3978 Update to Recognize the IETF Trust,"
Work", http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html RFC 4748, October 2006
[-outgoing] Halpern, J., "Advice to the Trustees of the IETF Trust on
Rights to be Granted in IETF Documents," RFC XXXX, date
[Berne Convention] "Berne Convention for the Protection of Literary
and Artistic Work",
http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html
9. Acknowledgements 9. Acknowledgements
The editors would like to acknowledge the help of the IETF IPR The editors would like to acknowledge the help of the IETF IPR
Working Group provided during the development of the document. Working Group provided during the development of the document.
10. Editors' Addresses 10. Editors' Addresses
Scott Bradner Scott Bradner
Harvard University Harvard University
29 Oxford St. 29 Oxford St.
Cambridge MA, 02138 USA Cambridge MA, 02138 USA
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EMail: sob@harvard.edu EMail: sob@harvard.edu
Jorge L. Contreras Jorge L. Contreras
WilmerHale WilmerHale
1875 Pennsylvania Avenue NW 1875 Pennsylvania Avenue NW
Washington, DC 20006 USA Washington, DC 20006 USA
Phone: +1 202 663 6872 Phone: +1 202 663 6872
Email: jorge.contreras@wilmerhale.com Email: jorge.contreras@wilmerhale.com
Full Copyright Statement Full Copyright Statement
Copyright (C) The IETF Trust (2008). This document is subject to the Copyright (C) The IETF Trust (2008).
rights, licenses and restrictions contained in BCP 78, and except as This document is subject to the rights, licenses and restrictions
set forth therein, the authors retain all their rights. This contained in BCP 78, and except as set forth therein, the authors
document and the information contained herein are provided on an "AS retain all their rights.
IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTSOR
IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY, THE IETF TRUST AND 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 THE INTERNET ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF
THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Intellectual Property Intellectual Property
The IETF takes no position regarding the validity or scope of any The IETF takes no position regarding the validity or scope of any
Intellectual Property Rights or other rights that might be claimed to Intellectual Property Rights or other rights that might be claimed to
pertain to the implementation or use of the technology described in pertain to the implementation or use of the technology described in
this document or the extent to which any license under such rights this document or the extent to which any license under such rights
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version 05 -> 06 - input from Jorge version 05 -> 06 - input from Jorge
fix various typos in document fix various typos in document
add definition of "Indirect Contributor" add definition of "Indirect Contributor"
fix definition of "Reasonably and personally known" to be copyright- fix definition of "Reasonably and personally known" to be copyright-
related rather than patent-related related rather than patent-related
reword sec 5.6 a and remove definition of "Indirect Contributor" reword sec 5.6 a and remove definition of "Indirect Contributor"
add pointer to section 5.6 to section 5.9 add pointer to section 5.6 to section 5.9
tweak the wording on section 5.10 tweak the wording on section 5.10
add "development" to the next to last sentence of section 6 add "development" to the next to last sentence of section 6
version 06 -> 07
fix references etc to mollify the ID nits checker
 End of changes. 13 change blocks. 
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