--- 1/draft-ietf-ipr-3978-incoming-08.txt 2008-05-05 16:12:22.000000000 +0200 +++ 2/draft-ietf-ipr-3978-incoming-09.txt 2008-05-05 16:12:22.000000000 +0200 @@ -1,19 +1,19 @@ Network Working Group S. Bradner Internet-Draft Harvard University Intended status: BCP Jorge Contreras WilmerHale Editors 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- @@ -23,34 +23,34 @@ 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 September 24, 2008. + This Internet-Draft will expire on October 5, 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 - obsoletes RFC 3978 and 4748 and, with RFC 3979 and RFC xxx (rfc - editor - replace with the RFC # of -outgoing), replaces Section 10 of - RFC 2026. + obsoletes RFC 3978 and 4748 and, with BCP 79 and RFC xxx (rfc editor + - replace with the RFC # of -outgoing), replaces Section 10 of RFC + 2026. Table of Contents 1. Definitions 2. Introduction 2.1 No Retroactive Effect 3. Exposition of why these procedures are the way they are 3.1. Rights Granted in Contributions 3.2. Rights to use Contributions 3.3. Right to Produce Derivative Works 3.4. Rights to use Trademarks @@ -67,27 +67,28 @@ 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. Changes since RFC 3978 - 11. Editors' Addresses + 11. Declaration from the IAB + 12. 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]. + 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, @@ -116,21 +117,22 @@ 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 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 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. @@ -142,23 +145,23 @@ 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) 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 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.) + m. "Non-IETF 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 @@ -172,50 +175,51 @@ In order for Contributions to be used within the IETF Standards Process, including when they are published as Internet-Drafts or RFCs, certain limited rights must be granted to the IETF Trust, which then grants the necessary rights to the IETF. In addition, Contributors must make representations to the IETF Trust and the IETF regarding their ability to grant these rights. Section 1 provides definitions used in these policies. Sections 3 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 are informative. A companion document RFC 3979 [RFC3979] - deals with rights, including possible patent rights, in technologies - developed or specified as part of the IETF Standards Process. This - document is not intended to address those issues. This memo - obsoletes RFC 3978 [RFC3978] and 4748 [RFC4748] and, with RFC 3979 - [RFC3979] and [-outgoing], replaces Section 10 of RFC 2026 [RFC2026]. + sections are informative. A companion document RFC 3979 (BCP 79) + [BCP79] deals with rights, including possible patent rights, in + technologies developed or specified as part of the IETF Standards + Process. This document is not intended to address those issues. This + memo obsoletes RFC 3978 [RFC3978] and 4748 [RFC4748] and, with RFC + 3979 (BCP 79) and [-outgoing], replaces Section 10 of RFC 2026 + [RFC2026]. This document is not intended as legal advice. Readers are advised to consult their own legal advisors if they would like a legal interpretation of their rights or the rights of the IETF Trust [RFC4371] in any Contributions they make. 2.1 No Retroactive Effect This memo does not retroactively obtain additional rights from Contributions that predate the date that the IETF Trust announces the adoption of these procedures. 3. Exposition of Why These Procedures Are the Way They Are 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. A primary objective of this policy is to obtain from the document authors only the non-exclusive rights that are needed to develop and publish IETF Documents and to use IETF Contributions in the IETF Standards Process and potentially elsewhere. 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 required to grant certain rights to the IETF Trust, (See Section 5.3.) which holds all IETF-related intellectual property on behalf of the IETF community. The IETF Trust will, in turn, grant a sublicense of these rights to all IETF participants for use in the IETF Standards Process. (See Section 5.4.) This sublicense is necessary for the standards development work of the IETF to continue. In addition, the IETF Trust may grant certain other sublicenses of the rights that it is granted under this document. In granting such @@ -223,23 +227,23 @@ documents such as [-outgoing]. 3.2. Rights to use Contributions It is important that the IETF receive assurances from all Contributors that they have the authority to grant the IETF the rights that they claim to grant because, under the laws of most countries and applicable international treaties, copyright rights come into existence when a work of authorship is created (but see Section 3.5 below regarding public domain documents), and the IETF 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 - 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 assurances are requested, however, only to the extent of the Contributor's reasonable and personal knowledge. (See Section 1(k)) 3.3. Right to Produce Derivative Works The IETF needs to be able to evolve IETF Documents in response to experience gained in the deployment of the technologies described in such IETF Documents, to incorporate developments in research and to react to changing conditions on the Internet and other IP networks. The IETF may also decide to permit others to develop derivative works @@ -303,24 +307,24 @@ 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 IETF to produce derivative works. In both of the above cases in which the production of derivative works is excluded, the Contributor must include a special legend in the Contribution, as specified in the Legend Instructions, in order to notify IETF participants about this restriction. 3.4. Rights to Use Trademarks Contributors may wish to seek trademark or service mark protection on - any terms that are coined or used in their Contributions. IETF makes - no judgment about the validity of any such trademark rights. + any terms that are coined or used in their Contributions. the IETF + makes no judgment about the validity of any such trademark rights. 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 exercising rights to reproduce, publish, discuss and modify the IETF Contribution. This license does not authorize IETF or others to use any trademark or service mark in connection with any product or service offering. 3.5. Contributions Not Subject to Copyright Certain documents, including those produced by the U.S. government and those which are in the public domain, may not be protected by the same copyright and other legal rights as other documents. @@ -345,41 +349,46 @@ 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 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. + appear to be new to the 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 +4. Non-IETF documents 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 - 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. + independently of the IETF Standards Process. Such documents are not + covered by this document, unless the controlling entity for that + document stream, as described in [RFC 4844] chooses to apply these + rules. Non-IETF 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; 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 5.1. General Policy By submission of a Contribution, each person actually submitting the Contribution, and each named co-Contributor, is deemed to have read and understood the rules and requirements set forth in this document. + Each Contributor is deemed, by the act of submitting a Contribution, to enter into a legally-binding agreement to comply with the terms and conditions set forth in this document. The Contributor is further deemed to have agreed that he/she has obtained the necessary permissions to enter into such an agreement from any party that the Contributor reasonably and personally knows may have rights in the Contribution, including, but not limited to, the Contributor's sponsor or employer. @@ -410,46 +419,46 @@ (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 derivative works, or portions thereof unless explicitly disallowed - in the notices contained in a Contribution [in the form specified - by the Legend Instructions], and + in the notices contained in a Contribution (in the form specified + by the Legend Instructions), and (D) to reproduce any trademarks, service marks or trade names which 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 +5.4. Sublicenses by the 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 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. + [BCP79] 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 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. @@ -470,22 +479,21 @@ IETF has no duty to publish or otherwise use or disseminate any Contribution. The IETF reserves the right to withdraw or cease using any Contribution that does not comply with the requirements of this Section 5. 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.) + done for other intellectual property claims. (See [BCP79] Section 6.) 5.9. Copyright in RFCs Subject to each Contributor's (or its sponsor's) ownership of its 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 @@ -537,69 +545,72 @@ is a republication of the work of another standards development organization. Such exceptions must be approved on an individual 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 - 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 no known issues of security with IETF Contribution rights policies. 8. References 8.1. Normative References [RFC2026] Bradner, S., "The Internet Standards Process -- Revision 3", BCP 9, RFC 2026, October 1996. [RFC2028] Hovey, R. and S. Bradner, "The Organizations Involved in 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. - [RFC4371] Carpenter, B. and L. Lynch, "BCP 101 Update for IPR Trust," - RFC 4371, January 2006 + [RFC4371] Carpenter, B. and L. Lynch, "BCP 101 Update for IPR Trust", + RFC 4371, January 2006. 8.2. Informative References [RFC3978] Bradner, S. Ed., "IETF Rights in Contributions", RFC 3978, March 2005. - [RFC4748] Bradner, S., "RFC 3978 Update to Recognize the IETF Trust," - RFC 4748, October 2006 + [RFC4748] Bradner, S., "RFC 3978 Update to Recognize the IETF Trust", + 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 - 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 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 The editors would like to acknowledge the help of the IETF IPR Working Group provided during the development of the document. 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. + 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 - "Contribution," "Indirect Contributor," "Copyright," "IETF Trust," + "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 @@ -604,25 +615,46 @@ 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 +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 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 @@ -660,21 +692,21 @@ repository at http://www.ietf.org/ipr. The IETF invites any interested party to bring to its attention any copyrights, patents or patent applications, or other proprietary rights that may cover technology that may be required to implement this standard. Please address the information to the IETF at ietf-ipr@ietf.org. Acknowledgement Funding for the RFC Editor function is currently provided by the Internet Society. -changes +changes - to be removed before publication version 01 ->02 misc grammar fixes added BOF to sec 1(a) added 1(l) reorder 3.2 moved sentence about translations within sec 3.3 reorder 5.3 (C) added section 5.10 removed "an Informational RFC" from section 5.9 added text about assigning rights and acknowledging that a @@ -715,10 +746,18 @@ 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 + + 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