Network Working Group                                        S. Bradner
Internet-Draft                                       Harvard University
                                                                 Editor
                                                           October
                                                          December 2005

                            RFC 3978 Update

                  <draft-ietf-ipr-rules-update-01.txt>

                  <draft-ietf-ipr-rules-update-02.txt>

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.

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   This Internet-Draft will expire on March 10, May 19, 2005.

Abstract
   This Internet Draft proposes two additions to document modifies "IETF Rights in Contributions" (RFC3978).  The first addition permits so that the
   IETF gets the right to permit extraction of material from IETF RFCs for a wide range of uses.  The second
   addition obtains from contributors the right, but not RFCs, and
   the
   requirement, right to grant permission permit others to create derivative works outside of the
   IETF Standards Process. process.

   It does not constrain how the IETF exercises those rights.

Copyright Notice
   Copyright (C) The Internet Society. (2005)

1. Introduction
   Currently the IETF requires that authors of contributions to the IETF
   grant to the IETF a limited set of non-exclusive rights and
   permissions to a document as part of the process of submitting the
   contribution.  These rights and permissions are detailed in Section
   3.3 of "IETF Rights in Contributions" (RFC 3978 - BCP 78) [RFC3978].

   This memo updates this section of RFC 3978 to add the rights for the
   IETF to 1/ permit the extraction of material from RFCs for a wide
   range of uses, and 2/ permit the IETF to grant the right to develop
   derivative works in any venue, not limited to within the IETF
   Standards Process.

   The addition of these rights to those granted by Contributors under
   RFC 3978 starts with the publication of this memo as a RFC.  This
   memo does not retroactively obtain these rights from Contributions
   that predate the publication of this memo as a RFC.

2. Extractions from RFCs
   Many people have expressed a desire to extract material from IETF
   RFCs for use in documentation, textbooks, on-line help systems, and
   for similar uses. In addition, some IETF RFCs contain MIBs and other
   types of program code that could be compiled. This document updates
   RFC RFC3978 to explicitly permit extracting material, without
   modification of the text or figures, for such uses.  Non-substantive
   changes such as changes to fonts, and translations into languages
   other than English would be permitted.

2.1 New paragraph 3.3 (c)

   This memo replaces paragraph 3.3(a)(E) of RFC 3978 with the
   following:

   (E)  to extract, copy, publish, display, distribute and incorporate
      into other works, for any purpose (and not limited to use within
      the IETF Standards Process), and to grant third parties
      sublicenses to do the same, any portion of the Contribution
      without modification (other than non-substantive modifications
      such as translation into languages other than English or
      compilation of source code statements into executable code), and
      further provided that the notices required by Sections 5.4 or 5.6
      below, as applicable, are included.

2.2 Reformat a section of the old paragraph 3.3(a)(E)

   The patent disclaimer text at the end of 3.3(a)(E) really should
   apply to the entire license grant in 3.3(a), and not just the grant
   in subparagraph 3.3(a)(E).  the following free-standing sentence is
   placed  at the end of 3.3(a), separated by a carriage return and
   space from (E):

      The licenses granted in this Section 3.3(a) 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.

2.3 Make clear the right to reprint RFCs

   Since the start of the RFC series third parties have been free to
   reproduce RFCs as-is or as translations.  The permission to do so was
   not specifically noted in early RFCs (other than a note to say that
   the distribution of the RFC was unlimited).  The copyright notice
   introduced with RFC 1602 specifically granted these permissions.  But
   an unintended byproduct of the attempt in BCP 78 to simplify the
   copyright statement in published RFCs was the lack of of any specific
   statement of these permissions in the RFC copyright notice or in BCP
   78.  This memo adds the following paragraph to RFC 3978 Section 3.3.

   (F) to permit third parties to copy, publish, display and distribute
      the Contribution without modification (except for translation into
      languages other than English) as part of a full, unmodified RFC
      (which may be translated into the same language as such
      Contribution), for any purpose, whether or not within the IETF
      Standards Process.

   Note, of course, that this language itself is not a grant FROM the
   IETF to any third party.  Rather, it is a grant from the author TO
   the IETF. The permission granted by IETF to the world is encapsulated
   in the legend that accompanies the RFC series documents:
   "Distribution of this memo is unlimited".

   To make the permission unambiguous this memo changes the existing
   legend to:

      Permission is granted to translate this document or portions of
      this document into languages other than English.   Permission is
      also hereby granted to copy, publish, display and distribute this
      document or portions of this document, or their translations,
      without additional modification.

3. Right to authorize the development of derivative works

   Currently the IETF obtains from Contributors the right to prepare
   derivative within the IETF Standards Process.  This is done in RFC
   3978 Section 3.3 (a) (C).   This memo proposes to modify that
   paragraph to grant the IETF the ability to authorize the preparation
   of derivative works without limiting such development to being done
   within the IETF Standards Process.  This paragraph does not, by
   itself, grant any additional permissions outside of the IETF, but
   does empower the IETF, on a case by case basis, to authorize the
   development of derivative works, outside of the IETF Standards
   Process.  One example of where the IETF might grant such a right is
   the case where another standards development organization (SDO) wants
   to update or extend an IETF technology (which would normally be done
   by the SDO sending their requirements to the IETF) but the IETF no
   longer has a working group focused on the particular technology and
   the IETF does not have the interest to create a new working group.

3.1 Revised Section 3.3 (a) (C)

   This memo replaces RFC 3978 Section 3.3 (a) (C) with the following
   paragraph:

   (C) unless explicitly disallowed in the notices contained in a
      Contribution [as per Section 5.2 below],

   (1) to prepare derivative works (in addition to translations) that
      are based on or incorporate all or part of the Contribution or
      comment upon it, within the IETF Standards Process, and

   (2) on a case by case basis, to grant third parties the right to
      prepare derivative works of the Contribution outside of the IETF
      Standards Process and to copy, publish, display and distribute
      such derivative works outside the IETF Standards Process, subject
      to a requirement to properly acknowledge the IETF,

   whereby in each case the license to such derivative works does not
   grant any more rights than the license to the original Contribution,

4. References

4.1. Normative References

   [RFC 3978] Bradner, S., Ed., "IETF Rights in Contributions", BCP 78,
      RFC 3978, March 2005.

5. Editor's Address

   Scott Bradner
   Harvard University
   29 Oxford St.
   Cambridge MA, 02138

   Phone: +1 617 495 3864
   EMail: sob@harvard.edu

6. Full copyright statement

   Copyright (C) The Internet Society (2005).  This document is subject
   to the rights, licenses and restrictions contained in BCP 78, and
   except as set forth therein, the authors retain all their rights.

   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 AND THE INTERNET
   ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
   INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE
   INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED
   WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Intellectual Property

   The IETF takes no position regarding the validity or scope of any
   Intellectual Property Rights or other rights that might be claimed to
   pertain to the implementation or use of the technology described in
   this document or the extent to which any license under such rights
   might or might not be available; nor does it represent that it has
   made any independent effort to identify any such rights.  Information
   on the procedures with respect to rights in RFC documents can be
   found in BCP 78 and BCP 79.

   Copies of IPR disclosures made to the IETF Secretariat and any
   assurances of licenses to be made available, or the result of an
   attempt made to obtain a general license or permission for the use of
   such proprietary rights by implementers or users of this
   specification can be obtained from the IETF on-line IPR 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.