--- 1/draft-ietf-ipr-3978-incoming-07.txt 2008-03-23 23:12:17.000000000 +0100 +++ 2/draft-ietf-ipr-3978-incoming-08.txt 2008-03-23 23:12:17.000000000 +0100 @@ -1,21 +1,19 @@ Network Working Group S. Bradner Internet-Draft Harvard University Intended status: BCP Jorge Contreras WilmerHale Editors - 4 February 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 +23,21 @@ 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 July 4, 2008. + This Internet-Draft will expire on September 24, 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 @@ -68,21 +66,22 @@ 5.6. Representations and Warranties 5.7. No Duty to Publish 5.8. Trademarks 5.9. Copyright in RFCs 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 + 10. Changes since RFC 3978 + 11. Editors' Addresses Full Copyright Statement 1. Definitions 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 @@ -116,21 +115,22 @@ 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. 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. - f. "IETF Documents": RFCs and Internet-Drafts. + f. "IETF Documents": RFCs and Internet-Drafts that are used in the + IETF Standards Process as defined in 1(g). 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. 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. @@ -343,26 +343,26 @@ Standards Process (e.g., via e-mail, oral comment and otherwise). However, it is important that the IETF (through the IETF Trust) own the copyright in documents that are published as RFCs (other than Informational RFCs and RFCs that are submitted as RFC Editor Contributions). Ownership of the copyright in an RFC does not diminish the Contributors' rights in their underlying contributions, but it does prevent anyone other than the IETF Trust (and its licensees) from republishing or modifying an RFC in RFC format. In this respect, Contributors are treated the same as anybody else: though they may extract and republish their own Contributions without - limitation, they may not do so in the IETF's RFC format. And while - this principle (which is included in Section 5.9 below) may appear to - be new to IETF, it actually reflects historical practice and has been - observed for many years through the inclusion of an ISOC or IETF - Trust copyright notice on all RFC documents since the publication of - RFC 2026. + limitation, they may not do so in the RFC format used by the IETF. + And while this principle (which is included in Section 5.9 below) may + appear to be new to IETF, it actually reflects historical practice + and has been observed for many years through the inclusion of an ISOC + or IETF Trust copyright notice on all RFC documents since the + publication of RFC 2026. 4. RFC Editor Documents This document only relates to Contributions made as part of the IETF Standards Process. Other documents that are referred to as Internet- Drafts and RFCs may be submitted to and published by the RFC Editor independently of the IETF Standards Process. Such "RFC Editor Documents" are not covered by this document. RFC Editor Contributions must be marked appropriately as described in the Legend Instructions. See the RFC Editor web page for information about the policies concerning rights in RFC Editor Documents. @@ -423,22 +423,23 @@ are included in the Contribution solely in connection with the reproduction, distribution or publication of the Contribution and derivative works thereof as permitted by this Section 5.3, provided that when reproducing Contributions, trademark and service mark identifiers used in the Contribution, including TM and (R), will be preserved. 5.4. Sublicenses by IETF Trust The IETF Trust will sublicense the rights granted to it under Section 5.3 to all IETF participants for use within the IETF Standards - Process. This license is expressly granted under [TRUST LICENSE - DOCUMENT]. + Process. This license is expressly granted under a license agreement + issued by the IETF Trust and must contain a pointer to the full IETF + Trust agreement. In addition, the IETF Trust may grant additional sublicenses of the licenses granted to it hereunder. In doing so, the IETF Trust will comply with the guidance provided under RFC xxx [-outbound]. 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. @@ -568,21 +569,60 @@ [-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 The editors would like to acknowledge the help of the IETF IPR Working Group provided during the development of the document. -10. Editors' Addresses +10. Changes since RFF 3978 + This document represents a significant reorganization and rewording + of RFC 3978 along with a number of substantive changes. + + The most basic change is to limit this document to the rights that a + Contributor grants to the IETF Trust when making a Contribution. All + sublicenses of rights for the use of IETF Documents must be provided + by the IETF Trust. (See Section 5.4.) + + Material added from RFC 4748 that recognized the IETF Trust. + + Most of the material relating to RFC-Editor documents has been + removed since the RFC-Editor maintains their own rules and processes + for RFC-Editor documents. + + Changes in the definitions section include defining the terms + "Contribution," "Indirect Contributor," "Copyright," "IETF Trust," + and "Legend Instructions" as well as minor tweaks to some of the + other definitions. + + The responsibility for the text of notices has been given to the IETF + Trust and removed from this document. (See Section 6.) + + Clarified that Contributors enter into a legally binding contract + when they submit a Contribution. (See Section 5.1.) + + The right to produce derivative works provided by the Contributor to + the IETF Trust is not limited to being within the IETF Standards + Process. + + Made it clear that this document does not deal with patent licenses. + (See Section 5.5.) + + Clarified the ownership of the Copyrights to IETF Documents. (See + Section 5.9.) + + Clarified the rights retained by authors of IETF Contributions. (See + Section 5.10.) + +11. Editors' Addresses Scott Bradner Harvard University 29 Oxford St. Cambridge MA, 02138 USA Phone: +1 617 495 3864 EMail: sob@harvard.edu Jorge L. Contreras WilmerHale 1875 Pennsylvania Avenue NW @@ -643,32 +683,42 @@ 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 + 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 + 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 version 06 -> 07 fix references etc to mollify the ID nits checker + + version 07 -> 08 + change "the IETF's RFC format" to "the RFC format used by the + IETF" in section 3.6 + tweak definition of IETF Documents + change "[TRUST LICENSE AGREEMENT]" to "a license agreement issued + by the IETF Trust" and add a requirement that licenses must point + to the full trust agreement in section 5.4 + added "changes from 3987" section 10