draft-ietf-ipr-3978-incoming-08.txt | draft-ietf-ipr-3978-incoming-09.txt | |||
---|---|---|---|---|
Network Working Group S. Bradner | Network Working Group S. Bradner | |||
Internet-Draft Harvard University | Internet-Draft Harvard University | |||
Intended status: BCP Jorge Contreras | Intended status: BCP Jorge Contreras | |||
WilmerHale | WilmerHale | |||
Editors | Editors | |||
Rights Contributors provide to the IETF Trust | Rights Contributors provide to the IETF Trust | |||
<draft-ietf-ipr-3978-incoming-08.txt> | <draft-ietf-ipr-3978-incoming-09.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- | |||
skipping to change at page 1, line 34 | skipping to change at page 1, line 34 | |||
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 September 24, 2008. | This Internet-Draft will expire on October 5, 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 (rfc | obsoletes RFC 3978 and 4748 and, with BCP 79 and RFC xxx (rfc editor | |||
editor - replace with the RFC # of -outgoing), replaces Section 10 of | - replace with the RFC # of -outgoing), replaces Section 10 of RFC | |||
RFC 2026. | 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 | |||
skipping to change at page 2, line 34 | skipping to change at page 2, line 34 | |||
5.7. No Duty to Publish | 5.7. No Duty to Publish | |||
5.8. Trademarks | 5.8. Trademarks | |||
5.9. Copyright in RFCs | 5.9. Copyright in RFCs | |||
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. Changes since RFC 3978 | 10. Changes since RFC 3978 | |||
11. Editors' Addresses | 11. Declaration from the IAB | |||
12. Editors' Addresses | ||||
Full Copyright Statement | Full Copyright Statement | |||
1. Definitions | 1. Definitions | |||
The following definitions are for terms used in the context of this | The following definitions are for terms used in the context of this | |||
document. Other terms, including "IESG," "ISOC," "IAB," and "RFC | document. Other terms, including "IESG", "ISOC", "IAB", and "RFC | |||
Editor," 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, | |||
skipping to change at page 3, line 34 | skipping to change at page 3, line 35 | |||
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. | |||
e. "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. | |||
f. "IETF Documents": RFCs and Internet-Drafts that are used in the | f. "IETF Documents": RFCs and Internet-Drafts that are used in the | |||
IETF Standards Process as defined in 1(g). | IETF Standards Process as defined in 1(g). This is identical to | |||
the "IETF stream" defined in [RFC 4844]. | ||||
g. "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(a) above. | any of the settings described in 1(a) above. | |||
h. "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. | |||
i. "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. | |||
skipping to change at page 4, line 12 | skipping to change at page 4, line 15 | |||
k. "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) | |||
l. "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 certain information just to avoid the disclosure | in the dark about certain information just to avoid the disclosure | |||
requirement. | requirement. | |||
m. "RFC Editor Documents": means Internet-Drafts that are submitted | m. "Non-IETF documents": means Internet-Drafts that are submitted to | |||
to the RFC Editor independently of the IETF Standards Process. | the RFC Editor independently of the IETF Standards Process. (See | |||
(See Section 4.) | Section 4.) | |||
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 | |||
skipping to change at page 4, line 42 | skipping to change at page 4, line 45 | |||
In order for Contributions to be used within the IETF Standards | In order for Contributions to be used within the IETF Standards | |||
Process, including when they are published as Internet-Drafts or | Process, including when they are published as Internet-Drafts or | |||
RFCs, certain limited rights must be granted to the IETF Trust, which | RFCs, certain limited rights must be granted to the IETF Trust, which | |||
then grants the necessary rights to the IETF. In addition, | then grants the necessary rights to the IETF. In addition, | |||
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 (BCP 79) | |||
deals with rights, including possible patent rights, in technologies | [BCP79] deals with rights, including possible patent rights, in | |||
developed or specified as part of the IETF Standards Process. This | technologies developed or specified as part of the IETF Standards | |||
document is not intended to address those issues. This memo | Process. This document is not intended to address those issues. This | |||
obsoletes RFC 3978 [RFC3978] and 4748 [RFC4748] and, with RFC 3979 | memo obsoletes RFC 3978 [RFC3978] and 4748 [RFC4748] and, with RFC | |||
[RFC3979] and [-outgoing], replaces Section 10 of RFC 2026 [RFC2026]. | 3979 (BCP 79) 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 | interpretation of their rights or the rights of the IETF Trust | |||
[RFC4371] in any 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 the IETF must obtain the right to publish an IETF | |||
Contribution as an RFC or an Internet-Draft from the Contributors. | Contribution as an RFC or an Internet-Draft from the Contributors. | |||
A primary objective of this policy is to obtain from the document | A primary objective of this policy is to obtain from the document | |||
authors only the non-exclusive rights that are needed to develop and | authors only the non-exclusive rights that are needed to develop and | |||
publish IETF Documents and to use IETF Contributions in the IETF | publish IETF Documents and to use IETF Contributions in the IETF | |||
Standards Process and potentially elsewhere. | Standards Process and potentially elsewhere. | |||
The authors retain all other rights, but cannot withdraw the above | The authors retain all other rights, but cannot withdraw the above | |||
rights from the IETF Trust and IETF. | rights from the IETF Trust and the IETF. | |||
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 | |||
skipping to change at page 5, line 45 | skipping to change at page 5, line 49 | |||
documents such as [-outgoing]. | 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. The IETF and its | |||
participants would run a greater risk of liability to the owners of | participants would run a greater risk of liability to the owners of | |||
these rights without this assurance. To this end, IETF asks | these rights without this assurance. To this end, the IETF asks | |||
Contributors to give the assurances in Section 5.6 below. These | Contributors to give the assurances in Section 5.6 below. These | |||
assurances are requested, however, only to the extent of the | assurances are requested, however, only to the extent of the | |||
Contributor's reasonable and personal knowledge. (See Section 1(k)) | Contributor's reasonable and personal knowledge. (See Section 1(k)) | |||
3.3. Right to Produce Derivative Works | 3.3. Right to Produce Derivative Works | |||
The IETF needs to be able to evolve IETF Documents in response to | The IETF needs to be able to evolve IETF Documents in response to | |||
experience gained in the deployment of the technologies described in | experience gained in the deployment of the technologies described in | |||
such IETF Documents, to incorporate developments in research and to | such IETF Documents, to incorporate developments in research and to | |||
react to changing conditions on the Internet and other IP networks. | react to changing conditions on the Internet and other IP networks. | |||
The IETF may also decide to permit others to develop derivative works | The IETF may also decide to permit others to develop derivative works | |||
skipping to change at page 7, line 29 | skipping to change at page 7, line 33 | |||
open access to them to better understand what they are referring to. | open access to them to better understand what they are referring to. | |||
In these cases the RFCs can be published without the right for the | In these cases the RFCs can be published without the right for the | |||
IETF to produce derivative works. In both of the above cases in | IETF to produce derivative works. In both of the above cases in | |||
which the production of derivative works is excluded, the Contributor | which the production of derivative works is excluded, the Contributor | |||
must include a special legend in the Contribution, as specified in | must include a special legend in the Contribution, as specified in | |||
the Legend Instructions, in order to notify IETF participants about | the Legend Instructions, in order to notify IETF participants about | |||
this restriction. | this restriction. | |||
3.4. Rights to Use Trademarks | 3.4. Rights to Use Trademarks | |||
Contributors may wish to seek trademark or service mark protection on | Contributors may wish to seek trademark or service mark protection on | |||
any terms that are coined or used in their Contributions. IETF makes | any terms that are coined or used in their Contributions. the IETF | |||
no judgment about the validity of any such trademark rights. | makes no judgment about the validity of any such trademark rights. | |||
However, the IETF requires each Contributor, under the licenses | However, the IETF requires each Contributor, under the licenses | |||
described in Section 5.3 below, to grant IETF Trust a perpetual | described in Section 5.3 below, to grant the IETF Trust a perpetual | |||
license to use any such trademarks or service marks solely in | license to use any such trademarks or service marks solely in | |||
exercising rights to reproduce, publish, discuss and modify the IETF | exercising rights to reproduce, publish, discuss and modify the IETF | |||
Contribution. This license does not authorize IETF or others to use | Contribution. This license does not authorize IETF or others to use | |||
any trademark or service mark in connection with any product or | any trademark or service mark in connection with any product or | |||
service offering. | service offering. | |||
3.5. Contributions Not Subject to Copyright | 3.5. Contributions Not Subject to Copyright | |||
Certain documents, including those produced by the U.S. government | Certain documents, including those produced by the U.S. government | |||
and those which are in the public domain, may not be protected by the | and those which are in the public domain, may not be protected by the | |||
same copyright and other legal rights as other documents. | same copyright and other legal rights as other documents. | |||
skipping to change at page 8, line 23 | skipping to change at page 8, line 26 | |||
the copyright in documents that are published as RFCs (other than | the copyright in documents that are published as RFCs (other than | |||
Informational RFCs and RFCs that are submitted as RFC Editor | Informational RFCs and RFCs that are submitted as RFC Editor | |||
Contributions). Ownership of the copyright in an RFC does not | Contributions). Ownership of the copyright in an RFC does not | |||
diminish the Contributors' rights in their underlying contributions, | diminish the Contributors' rights in their underlying contributions, | |||
but it does prevent anyone other than the IETF Trust (and its | but it does prevent anyone other than the IETF Trust (and its | |||
licensees) from republishing or modifying an RFC in RFC format. In | licensees) from republishing or modifying an RFC in RFC format. In | |||
this respect, Contributors are treated the same as anybody else: | this respect, Contributors are treated the same as anybody else: | |||
though they may extract and republish their own Contributions without | though they may extract and republish their own Contributions without | |||
limitation, they may not do so in the RFC format used by the IETF. | 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 | And while this principle (which is included in Section 5.9 below) may | |||
appear to be new to IETF, it actually reflects historical practice | appear to be new to the IETF, it actually reflects historical | |||
and has been observed for many years through the inclusion of an ISOC | practice and has been observed for many years through the inclusion | |||
or IETF Trust copyright notice on all RFC documents since the | of an ISOC or IETF Trust copyright notice on all RFC documents since | |||
publication of RFC 2026. | the publication of RFC 2026. | |||
4. RFC Editor Documents | 4. Non-IETF documents | |||
This document only relates to Contributions made as part of the IETF | This document only relates to Contributions made as part of the IETF | |||
Standards Process. Other documents that are referred to as Internet- | Standards Process Other documents that are referred to as Internet- | |||
Drafts and RFCs may be submitted to and published by the RFC Editor | Drafts and RFCs may be submitted to and published by the RFC Editor | |||
independently of the IETF Standards Process. Such "RFC Editor | independently of the IETF Standards Process. Such documents are not | |||
Documents" are not covered by this document. RFC Editor | covered by this document, unless the controlling entity for that | |||
Contributions must be marked appropriately as described in the Legend | document stream, as described in [RFC 4844] chooses to apply these | |||
Instructions. See the RFC Editor web page for information about the | rules. Non-IETF Contributions must be marked appropriately as | |||
policies concerning rights in RFC Editor Documents. | described in the Legend Instructions. See the RFC Editor web page | |||
for information about the policies concerning rights in RFC Editor | ||||
Documents; for other document streams, the controlling entity must be | ||||
contacted. See Section 11 for a declaration from the IAB on this | ||||
matter. | ||||
5. Rights in Contributions | 5. Rights in Contributions | |||
5.1. General Policy | 5.1. General Policy | |||
By submission of a Contribution, each person actually submitting the | By submission of a Contribution, each person actually submitting the | |||
Contribution, and each named co-Contributor, is deemed to have read | Contribution, and each named co-Contributor, is deemed to have read | |||
and understood the rules and requirements set forth in this document. | and understood the rules and requirements set forth in this document. | |||
Each Contributor is deemed, by the act of submitting a Contribution, | Each Contributor is deemed, by the act of submitting a Contribution, | |||
to enter into a legally-binding agreement to comply with the terms | to enter into a legally-binding agreement to comply with the terms | |||
and conditions set forth in this document. | and conditions set forth in this document. | |||
The Contributor is further deemed to have agreed that he/she has | The Contributor is further deemed to have agreed that he/she has | |||
obtained the necessary permissions to enter into such an agreement | obtained the necessary permissions to enter into such an agreement | |||
from any party that the Contributor reasonably and personally knows | from any party that the Contributor reasonably and personally knows | |||
may have rights in the Contribution, including, but not limited to, | may have rights in the Contribution, including, but not limited to, | |||
the Contributor's sponsor or employer. | the Contributor's sponsor or employer. | |||
skipping to change at page 9, line 40 | skipping to change at page 9, line 49 | |||
(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 | |||
derivative works, or portions thereof unless explicitly disallowed | derivative works, or portions thereof unless explicitly disallowed | |||
in the notices contained in a Contribution [in the form specified | in the notices contained in a Contribution (in the form specified | |||
by the Legend Instructions], and | by the Legend Instructions), and | |||
(D) to reproduce any trademarks, service marks or trade names which | (D) to reproduce any trademarks, service marks or trade names which | |||
are included in the Contribution solely in connection with the | are included in the Contribution solely in connection with the | |||
reproduction, distribution or publication of the Contribution and | reproduction, distribution or publication of the Contribution and | |||
derivative works thereof as permitted by this Section 5.3, | derivative works thereof as permitted by this Section 5.3, | |||
provided that when reproducing Contributions, trademark and | provided that when reproducing Contributions, trademark and | |||
service mark identifiers used in the Contribution, including TM | service mark identifiers used in the Contribution, including TM | |||
and (R), will be preserved. | and (R), will be preserved. | |||
5.4. Sublicenses by IETF Trust | 5.4. Sublicenses by the IETF Trust | |||
The IETF Trust will sublicense the rights granted to it under Section | The IETF Trust will sublicense the rights granted to it under Section | |||
5.3 to all IETF participants for use within the IETF Standards | 5.3 to all IETF participants for use within the IETF Standards | |||
Process. This license is expressly granted under a license agreement | Process. This license is expressly granted under a license agreement | |||
issued by the IETF Trust and must contain a pointer to the full IETF | issued by the IETF Trust and must contain a pointer to the full IETF | |||
Trust agreement. | Trust agreement. | |||
In addition, the IETF Trust may grant additional sublicenses of the | In addition, the IETF Trust may grant additional sublicenses of the | |||
licenses granted to it hereunder. In doing so, the IETF Trust will | licenses granted to it hereunder. In doing so, the IETF Trust will | |||
comply with the guidance provided under RFC xxx [-outbound]. | comply with the guidance provided under RFC xxx [-outbound]. | |||
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. | [BCP79] 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 Contributors including | a. The Contribution properly acknowledges all Contributors including | |||
Indirect Contributors. | Indirect Contributors. | |||
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. | |||
skipping to change at page 11, line 4 | skipping to change at page 11, line 12 | |||
IETF has no duty to publish or otherwise use or disseminate any | IETF has no duty to publish or otherwise use or disseminate any | |||
Contribution. The IETF reserves the right to withdraw or cease using | Contribution. The IETF reserves the right to withdraw or cease using | |||
any Contribution that does not comply with the requirements of this | any Contribution that does not comply with the requirements of this | |||
Section 5. | Section 5. | |||
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 [BCP79] 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 as described in Section 5.6(which ownership | underlying Contributions as described in Section 5.6(which ownership | |||
is qualified by the irrevocable licenses granted under Section 5.3), | is qualified by the irrevocable licenses granted under Section 5.3), | |||
each Contributor hereby acknowledges that the copyright in any RFC in | each Contributor hereby acknowledges that the copyright in any RFC in | |||
which such Contribution is included, other than an RFC that is an RFC | which such Contribution is included, other than an RFC that is an RFC | |||
Editor Contribution, shall be owned by the IETF Trust. Such | Editor Contribution, shall be owned by the IETF Trust. Such | |||
Contributor shall be deemed to assign to the IETF Trust such | Contributor shall be deemed to assign to the IETF Trust such | |||
Contributor's copyright interest in the collective work constituting | Contributor's copyright interest in the collective work constituting | |||
skipping to change at page 12, line 23 | skipping to change at page 12, line 31 | |||
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 | IANA Considerations (RFC Editor - please remove this section when | |||
publishing) | publishing) | |||
This document presents no issues that should be considered by the | This document presents no issues that should be considered by the | |||
IANA (this section is here to mollify the ID-nits checker) | 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 the 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 | [BCP79] Bradner, S., Ed, "Intellectual Property Rights in IETF | |||
Technology", BCP 79, RFC 3979, March 2005. | Technology", BCP 79, RFC 3979, March 2005. | |||
[RFC4371] Carpenter, B. and L. Lynch, "BCP 101 Update for IPR Trust," | [RFC4371] Carpenter, B. and L. Lynch, "BCP 101 Update for IPR Trust", | |||
RFC 4371, January 2006 | 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. | |||
[RFC4748] Bradner, S., "RFC 3978 Update to Recognize the IETF Trust," | [RFC4748] Bradner, S., "RFC 3978 Update to Recognize the IETF Trust", | |||
RFC 4748, October 2006 | RFC 4748, October 2006. | |||
[RFC4844] Daigle, L. and IAB, "The RFC Series and RFC Editor", RFC | ||||
[-outgoing] Halpern, J., "Advice to the Trustees of the IETF Trust on | [-outgoing] Halpern, J., "Advice to the Trustees of the IETF Trust on | |||
Rights to be Granted in IETF Documents," RFC XXXX, date | Rights to be Granted in IETF Documents", RFC XXXX, date. | |||
[Berne Convention] "Berne Convention for the Protection of Literary | [Berne Convention] "Berne Convention for the Protection of Literary | |||
and Artistic Work", | and Artistic Work", | |||
http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html | 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. Changes since RFF 3978 | 10. Changes since RFF 3978 | |||
This document represents a significant reorganization and rewording | This document represents a significant reorganization and rewording | |||
of RFC 3978 along with a number of substantive changes. | of RFC 3978 along with a number of substantive changes. | |||
The most basic change is to limit this document to the rights that a | 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 | Contributor grants to the IETF Trust when making a Contribution. All | |||
sublicenses of rights for the use of IETF Documents must be provided | sublicenses of rights for the use of IETF Documents must be provided | |||
by the IETF Trust. (See Section 5.4.) | by the IETF Trust. (See Section 5.4.) | |||
Material added from RFC 4748 that recognized the IETF Trust. | Material added from RFC 4748 that recognized the IETF Trust. | |||
Most of the material relating to RFC-Editor documents has been | Most of the material relating to RFC-Editor documents has been | |||
removed since the RFC-Editor maintains their own rules and processes | removed since the RFC-Editor maintains their own rules and processes | |||
for RFC-Editor documents. | for RFC-Editor documents. Renamed these documents to "non-IETF | |||
documents". Added section 11 from the IAB discussing this topic. | ||||
Changes in the definitions section include defining the terms | Changes in the definitions section include defining the terms | |||
"Contribution," "Indirect Contributor," "Copyright," "IETF Trust," | "Contribution", "Indirect Contributor", "Copyright", "IETF Trust", | |||
and "Legend Instructions" as well as minor tweaks to some of the | and "Legend Instructions" as well as minor tweaks to some of the | |||
other definitions. | other definitions. | |||
The responsibility for the text of notices has been given to the IETF | The responsibility for the text of notices has been given to the IETF | |||
Trust and removed from this document. (See Section 6.) | Trust and removed from this document. (See Section 6.) | |||
Clarified that Contributors enter into a legally binding contract | Clarified that Contributors enter into a legally binding contract | |||
when they submit a Contribution. (See Section 5.1.) | when they submit a Contribution. (See Section 5.1.) | |||
The right to produce derivative works provided by the Contributor to | The right to produce derivative works provided by the Contributor to | |||
skipping to change at page 13, line 42 | skipping to change at page 14, line 4 | |||
The right to produce derivative works provided by the Contributor to | The right to produce derivative works provided by the Contributor to | |||
the IETF Trust is not limited to being within the IETF Standards | the IETF Trust is not limited to being within the IETF Standards | |||
Process. | Process. | |||
Made it clear that this document does not deal with patent licenses. | Made it clear that this document does not deal with patent licenses. | |||
(See Section 5.5.) | (See Section 5.5.) | |||
Clarified the ownership of the Copyrights to IETF Documents. (See | Clarified the ownership of the Copyrights to IETF Documents. (See | |||
Section 5.9.) | Section 5.9.) | |||
Clarified the rights retained by authors of IETF Contributions. (See | Clarified the rights retained by authors of IETF Contributions. (See | |||
Section 5.10.) | Section 5.10.) | |||
11. Editors' Addresses | 11. Declaration from the IAB | |||
The IAB discussed the IPR documents during its most recent call. It | ||||
unanimously decided that the IAB-stream is to be covered by the | ||||
incoming IPR document. It is our understanding that the iab-stream | ||||
documents IPR are then automatically covered by the outbound rights | ||||
that the IETF trust will establish based on the advice in | ||||
[-outbound]. | ||||
We also want to stress that for any change in the inbound rights for | ||||
streams other than the ietf- and iab-stream there needs to be a | ||||
stream dependent discussion and approval process as indicated in RFC | ||||
4844 "The RFC Series and RFC Editor" [RFC4844] section 4.2.3. | ||||
To that extent section 4 of the draft should explicitly mention that | ||||
the irtf-, the independent- and any possible future streams are not | ||||
covered by the draft. | ||||
For the IAB, | ||||
Olaf Kolkman | ||||
April 4, 2008 | ||||
12. Editors' Addresses | ||||
Scott Bradner | Scott Bradner | |||
Harvard University | Harvard University | |||
29 Oxford St. | 29 Oxford St. | |||
Cambridge MA, 02138 USA | Cambridge MA, 02138 USA | |||
Phone: +1 617 495 3864 | Phone: +1 617 495 3864 | |||
EMail: sob@harvard.edu | EMail: sob@harvard.edu | |||
Jorge L. Contreras | Jorge L. Contreras | |||
WilmerHale | WilmerHale | |||
1875 Pennsylvania Avenue NW | 1875 Pennsylvania Avenue NW | |||
skipping to change at page 15, line 5 | skipping to change at page 15, line 36 | |||
repository at http://www.ietf.org/ipr. The IETF invites any | repository at http://www.ietf.org/ipr. The IETF invites any | |||
interested party to bring to its attention any copyrights, patents or | interested party to bring to its attention any copyrights, patents or | |||
patent applications, or other proprietary rights that may cover | patent applications, or other proprietary rights that may cover | |||
technology that may be required to implement this standard. Please | technology that may be required to implement this standard. Please | |||
address the information to the IETF at ietf-ipr@ietf.org. | address the information to the IETF at ietf-ipr@ietf.org. | |||
Acknowledgement | Acknowledgement | |||
Funding for the RFC Editor function is currently provided by the | Funding for the RFC Editor function is currently provided by the | |||
Internet Society. | Internet Society. | |||
changes | changes - to be removed before publication | |||
version 01 ->02 | version 01 ->02 | |||
misc grammar fixes | misc grammar fixes | |||
added BOF to sec 1(a) | added BOF to sec 1(a) | |||
added 1(l) | added 1(l) | |||
reorder 3.2 | reorder 3.2 | |||
moved sentence about translations within sec 3.3 | moved sentence about translations within sec 3.3 | |||
reorder 5.3 (C) | reorder 5.3 (C) | |||
added section 5.10 | added section 5.10 | |||
removed "an Informational RFC" from section 5.9 | removed "an Informational RFC" from section 5.9 | |||
added text about assigning rights and acknowledging that a | added text about assigning rights and acknowledging that a | |||
skipping to change at line 725 | skipping to change at page 16, line 41 | |||
fix references etc to mollify the ID nits checker | fix references etc to mollify the ID nits checker | |||
version 07 -> 08 | version 07 -> 08 | |||
change "the IETF's RFC format" to "the RFC format used by the | change "the IETF's RFC format" to "the RFC format used by the | |||
IETF" in section 3.6 | IETF" in section 3.6 | |||
tweak definition of IETF Documents | tweak definition of IETF Documents | |||
change "[TRUST LICENSE AGREEMENT]" to "a license agreement issued | change "[TRUST LICENSE AGREEMENT]" to "a license agreement issued | |||
by the IETF Trust" and add a requirement that licenses must point | by the IETF Trust" and add a requirement that licenses must point | |||
to the full trust agreement in section 5.4 | to the full trust agreement in section 5.4 | |||
added "changes from 3987" section 10 | added "changes from 3987" section 10 | |||
version 08 -> 09 - last call comments & IAB requests | ||||
fix punctuation and the lack of the word "the" in front of "IETF" | ||||
and "IETF Trust" in a number of places | ||||
clean up references to RFC 3979/BCP 79 | ||||
add note to 1(f) | ||||
rename section 1(m) | ||||
replace section 4 | ||||
End of changes. 35 change blocks. | ||||
55 lines changed or deleted | 86 lines changed or added | |||
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