draft-ietf-ipr-rules-update-04.txt   draft-ietf-ipr-rules-update-05.txt 
Network Working Group S. Bradner Network Working Group S. Bradner
Internet-Draft Harvard University Internet-Draft Harvard University
Editor Editor
February 2006
RFC 3978 Update RFC 3978 Update
<draft-ietf-ipr-rules-update-04.txt> <draft-ietf-ipr-rules-update-05.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
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Currently the IETF requires that authors of Contributions to the IETF Currently the IETF requires that authors of Contributions to the IETF
grant to the IETF (meaning the full set of participants in the IETF grant to the IETF (meaning the full set of participants in the IETF
Standards Process) a limited set of non-exclusive rights and Standards Process) a limited set of non-exclusive rights and
permissions as part of the process of submitting such Contribution. permissions as part of the process of submitting such Contribution.
These rights and permissions are detailed in "IETF Rights in These rights and permissions are detailed in "IETF Rights in
Contributions" (RFC 3978 - BCP 78) [RFC3978]. Contributions" (RFC 3978 - BCP 78) [RFC3978].
The IETF Trust was recently formed to act as the administrative The IETF Trust was recently formed to act as the administrative
custodian of all copyrights and other intellectual property rights custodian of all copyrights and other intellectual property rights
relating to the IETF Standards Process that had previously been held relating to the IETF Standards Process that had previously been held
by ISOC (See [reference to IETF Trust Agreement]). This document by ISOC and CNRI (See [reference to IETF Trust Agreement]). This
modifies RFC 3978 in order to implement this structure. Most document modifies RFC 3978 in order to implement this structure.
importantly, it alters the license-grant path as follows: whereas Most importantly, it alters the license-grant path as follows:
previously authors of Contributions to the IETF would grant a license whereas previously authors of Contributions to the IETF would grant a
both to ISOC and to all IETF participants, it is now proposed that license both to ISOC and to all IETF participants, it is now proposed
such authors grant a license to the IETF Trust (in Section 3.3), and that such authors grant a license to the IETF Trust (in Section 3.3).
that the IETF Trust concurrently grant the necessary corresponding This document concerns itself only with "inbound" rights - those
licenses to all IETF participants (in a new Section 3.7). rights to be granted to the IETF Trust by relevant Contributors. A
separate document will deal with "outbound" rights - those rights
granted by the IETF Trust to others.
In addition, under new Section 3.7 the IETF Trust will be able to This introductory section is to provide context for the reader.
grant rights to third parties (such as the right to reproduce and/or Sections 2 and 3 of this document are intended to be normative.
create derivative works outside of the IETF Standards Process). This
right may be constrained in future RFCs, and this memo is not
intended to dictate how or when the IETF Trust may grant licenses to
third parties. It merely obtains the necessary "inbound" rights from
the relevant Contributors.
1.2. Extractions from RFCs 1.2. Extractions from RFCs
Many people have expressed a desire to extract material from IETF Many people have expressed a desire to extract material from IETF
RFCs for use in documentation, textbooks, on-line help systems, and RFCs for use in documentation, textbooks, on-line help systems, and
for similar uses. In addition, some IETF RFCs contain MIBs and other for similar uses. In addition, some IETF RFCs contain MIBs and other
types of program code that could be compiled. The IETF Trust should types of program code that could be compiled.
update Section 3.3(a)(E) of RFC 3978 (now renumbered 3.3(E)) to at
least 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.
1.3 Right to reprint RFCs 1.3 Right to reprint RFCs
Since the start of the RFC series, third parties have been free to 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 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 not specifically noted in early RFCs (other than a note to say that
the distribution of the RFC was unlimited). The copyright notice the distribution of the RFC was unlimited). The copyright notice
introduced with RFC 1602 specifically granted these permissions. But introduced with RFC 1602 specifically granted these permissions. But
an unintended byproduct of the attempt in BCP 78 to simplify the an unintended byproduct of the attempt in BCP 78 to simplify the
copyright statement in published RFCs was the lack of any specific copyright statement in published RFCs was the lack of any specific
statement of these permissions in the RFC copyright notice or in BCP statement of these permissions in the RFC copyright notice or in BCP
78. The IETF Trust should add a new Section 3.3(F) to RFC 3978 to 78. A new Section 3.3(F) should be added to RFC 3978 to clarify that
clarify that the Contributor permits the IETF Trust to grant this the Contributor permits the IETF Trust to grant this right to third
right to third parties, and also add the IETF Trust's grant of such parties.
license as to both the rights granted by each Contributor and the
rights in the collection that are possessed by IETF Trust itself.
This latter grant was previously implied through the copyright legend
material included in RFC documents, but was not expressed as a
license grant as it now is.
1.4 Derivative Works 1.4 Derivative Works
Currently the IETF obtains from Contributors the right to prepare Currently the IETF obtains from Contributors the right to prepare
derivative works of their Contributions within the IETF Standards derivative works of their Contributions within the IETF Standards
Process. This is done in RFC 3978 Section 3.3 (a) (C). The IETF Process. This is done in RFC 3978 Section 3.3 (a) (C). That
Trust should modify that paragraph in Section 3.7 to grant the IETF paragraph should be modified to grant the IETF Trust the ability to
Trust the ability to authorize the preparation of derivative works authorize the preparation of derivative works without limiting such
without limiting such development to the IETF Standards Process. development to the IETF Standards Process. Such a paragraph would
Such a paragraph would not, by itself, grant any additional not, by itself, grant any additional permissions outside of the IETF,
permissions outside of the IETF, but would empower the IETF Trust to but would empower the IETF Trust to authorize the development of
authorize the development of derivative works outside of the IETF derivative works outside of the IETF Standards Process. One example
Standards Process. One example of where the IETF Trust might grant of where the IETF Trust might grant such a right is the case where
such a right is the case where another standards development another standards development organization (SDO) wants to update or
organization (SDO) wants to update or extend an IETF technology extend an IETF technology (which would normally be done by the SDO
(which would normally be done by the SDO sending their requirements sending their requirements to the IETF) but the IETF no longer has a
to the IETF) but the IETF no longer has a working group focused on working group focused on the particular technology and the IETF does
the particular technology and the IETF does not have the interest to not have the interest to create a new working group.
create a new working group.
1.5 No Retroactive Effect 1.5 No Retroactive Effect
The addition of these rights to those granted by Contributors under The addition of these rights to those granted by Contributors under
RFC 3978 starts with the publication of this memo as a RFC. This RFC 3978 starts with the publication of this memo as a RFC. This
memo does not retroactively obtain these rights from Contributions memo does not retroactively obtain these rights from Contributions
that predate the publication of this memo as a RFC. Accordingly, the that predate the publication of this memo as a RFC. Accordingly, the
legends and other text accompanying this memo still reflect the legends and other text accompanying this memo still reflect the
provisions of RFC 3978, even though those provisions will be amended provisions of RFC 3978, even though those provisions will be amended
once this memo is published as an RFC. However, nothing prevents the once this memo is published as an RFC. However, nothing prevents the
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The following text describes the rights that are granted by each The following text describes the rights that are granted by each
Contributor to the IETF Trust and replaces Section 3.3 of RFC 3978 in Contributor to the IETF Trust and replaces Section 3.3 of RFC 3978 in
full: full:
"3.3. Rights Granted by Contributors to IETF Trust "3.3. Rights Granted by Contributors to IETF Trust
To the extent that a Contribution or any portion thereof is To the extent that a Contribution or any portion thereof is
protected by copyright or other rights of authorship, the protected by copyright or other rights of authorship, the
Contributor, and each named co-Contributor, and the organization Contributor, and each named co-Contributor, and the organization
he or she represents or is sponsored by (if any) grant a he or she represents or is sponsored by (if any) grants a
perpetual, irrevocable, non-exclusive, royalty-free, world-wide perpetual, irrevocable, non-exclusive, royalty-free, world-wide
right and license to the IETF Trust under all such copyrights and right and license to the IETF Trust under all such copyrights and
other rights in the Contribution, with the understanding that the other rights in the Contribution:
IETF Trust shall have the right to sublicense these rights to the
extent described in Section 3.7 below:
(A) to copy, print, publish, display, and distribute the (A) to copy, publish, display, and distribute the Contribution as
Contribution as part of the IETF Standards Process or in an part of the IETF Standards Process or in an Internet-Draft,
Internet-Draft,
(B) to prepare or allow the preparation of translations of the (B) to prepare or allow the preparation of translations of the
Contribution into languages other than English, Contribution into languages other than English,
(C) unless explicitly disallowed in the notices contained in a (C) unless explicitly disallowed in the notices contained in a
Contribution [as per Section 5.2 below], Contribution [as per Section 5.2 below],
(1) to modify or prepare derivative works (in addition to (1) to modify or prepare derivative works (in addition to
translations) that are based on or incorporate all or part translations) that are based on or incorporate all or part
of the Contribution or comment upon it, within the IETF of the Contribution or comment upon it, within the IETF
Standards Process, and Standards Process, and
(2) as determined by the IETF Trust, to grant third parties the (2) as determined by the IETF Trust, to grant third parties the
right to modify or prepare derivative works of the right to modify or prepare derivative works of the
Contribution outside of the IETF Standards Process, and to Contribution outside of the IETF Standards Process, and to
copy, publish, display and distribute such modifications or copy, publish, display and distribute such modifications or
derivative works outside the IETF Standards Process, subject derivative works outside the IETF Standards Process, subject
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license to the original Contribution, and license to the original Contribution, and
(D) to reproduce any trademarks, service marks or trade names (D) to reproduce any trademarks, service marks or trade names
which are included in the Contribution solely in connection which are included in the Contribution solely in connection
with the reproduction, distribution or publication of the with the reproduction, distribution or publication of the
Contribution and derivative works thereof as permitted by this Contribution and derivative works thereof as permitted by this
Section 3.3, provided that when reproducing Contributions, Section 3.3, provided that when reproducing Contributions,
trademark and service mark identifiers used in the trademark and service mark identifiers used in the
Contribution, including (TM) and (R) will be preserved, and Contribution, including (TM) and (R) will be preserved, and
(E) to extract, copy, print, publish, display, distribute and (E) to extract, copy, publish, display, distribute and incorporate
incorporate into other works, for any purpose (and not limited into other works, for any purpose (and not limited to use
to use within the IETF Standards Process), any portion of the within the IETF Standards Process), all or any portion of the
Contribution without modification (other than non-substantive Contribution without modification (other than non-substantive
modifications such as reformatting, translation into languages modifications such as reformatting, translation into languages
other than English or compilation of source code statements other than English or compilation of source code statements
into executable code), and further provided that the notices into executable code), and further provided that the notices
required by Sections 5.4 or 5.6 below, as applicable, are required by Sections 5.4 or 5.6 below, as applicable, are
included, and included, and
(F) to permit third parties to copy, publish, display and (F) to permit third parties to copy, publish, display and
distribute the Contribution without modification, as part of a distribute the Contribution without modification, as part of a
full, unmodified RFC and to permit third parties to translate full, unmodified RFC and to permit third parties to translate
the Contribution as part of a full, unmodified RFC into the Contribution as part of a full, unmodified RFC into
languages other than English, for any purpose, whether or not languages other than English, for any purpose, whether or not
within the IETF Standards Process. within the IETF Standards Process.
(G) to permit the IETF Trust to sublicense these rights to the
extent of the original grant of right and license, including
its use in a working collection or collective work.
The licenses granted in this Section 3.3 shall not be deemed to The licenses granted in this Section 3.3 shall not be deemed to
grant any right under any patent, patent application or other grant any right under any patent, patent application or other
similar intellectual property right disclosed by the similar intellectual property right disclosed by the
Contributor under BCP 79. Contributor under BCP 79."
4. Rights Granted By IETF Trust to IETF Participants - Possible new
Section 3.7
Now that Contributors are granting rights to the IETF Trust, the IETF
Trust will have to state what rights are being granted to IETF
Participants. Accordingly, the IETF should add text no more
restrictive than the following Section 3.7. Such a section woukd
simply repeat the license grants from Section 3.3 that are intended
to be granted to all IETF Participants. Additional rights described
in Section 3.3 could also be granted by the IETF Trust pursuant to
separate documents.
"3.7 Rights granted by IETF Trust to IETF Participants
The IETF Trust hereby grants to each IETF Participant, to the
greatest extent it is permitted to do so, the following perpetual,
irrevocable, non-exclusive, royalty-free, world-wide rights and
licenses under all copyrights and other rights of authors:
(A) to copy, publish, display, and distribute each IETF Document
(including all Contributions and other portion thereof) as part
of the IETF Standards Process, in an Internet-Draft or
otherwise,
(B) to prepare translations of IETF Documents (including all
Contributions and other portion thereof) into languages other
than English,
(C) unless explicitly disallowed in the notices contained in a
Contribution [as per Section 5.2 below], to modify or 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, provided that in
each case the license to such modification or derivative works
does not grant any more rights than the license granted to the
IETF Trust in the original Contribution, and
(D) to reproduce any trademarks, service marks or trade names
which are included in a Contribution solely in connection with
the reproduction, distribution or publication of the
Contribution and derivative works thereof as permitted by this
Section 3.7, provided that when reproducing Contributions,
trademark and service mark identifiers used in the
Contribution, including (TM) and (R) will be preserved.
The licenses granted in this Section 3.7 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.
5. Rights Granted By IETF Trust to Third Parties - Possible New
Section 3.8
Under the licenses granted by Contributors in Section 3.3, the IETF
Trust has the ability to grant rights in Contributions and other
portions of IETF Documents to third parties for use outside the IETF
Standards Process. One such right is the right to copy and
republish IETF Documents without modification. This right is
automatically granted to all persons pursuant to new Section
3.8(A)(1) below. Other rights may be granted by the IETF Trust in
its discretion. Rules about the exercise of this discretion may be
implemented at a later date, and do not form part of this document.
"3.8 Rights Granted by the IETF Trust to Third Parties
(A) The IETF Trust hereby grants to any person wishing to obtain
such rights, to the greatest extent it is permitted to do so,
the following perpetual, irrevocable, non-exclusive, royalty-
free, world-wide rights and licenses under all copyrights and
other rights of authors:
(1) to extract, copy, publish, display, distribute and
incorporate into other works, for any purpose (and not
limited to use within the IETF Standards Process), all or
any portion of any IETF Document (including all
Contributions and other portions thereof) without
modification (other than non-substantive modifications such
as reformatting, 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.
(B) The IETF Trust may, in its discretion, grant additional right
to third parties to the extent that its licenses under Section
3.3 permit it to do so. Until specific procedures for the
exercise of such discretion are published in an RFC, the IETF
Trust shall consult with the IESG prior to granting any such
rights.
6. Legends and Notifications 4. Legends and Notifications
The legends and notifications required by RFC 3978 are hereby updated The legends and notifications required by RFC 3978 are hereby updated
as set forth below to reflect the other provisions of this document. as set forth below to reflect the other provisions of this document.
6.1 The first paragraph of Section 5 of RFC 3978 explains the 4.1 The first paragraph of Section 5 of RFC 3978 explains the
requirement for applying certain notices and legends to IETF requirement for applying certain notices and legends to IETF
documents. There has been considerable confusion in the past documents. There has been considerable confusion in the past
regarding the meaning of the copyright notice on these documents. regarding the meaning of the copyright notice on these documents.
Accordingly, the first paragraph of Section 5 is hereby amended as Accordingly, the first paragraph of Section 5 is hereby amended as
follows to explain the purpose and meaning of this copyright notice follows to explain the purpose and meaning of this copyright notice
requirement, as well as to substitute "IETF Trust" for "ISOC": requirement, as well as to substitute "IETF Trust" for "ISOC":
"The IETF requires that certain notices and disclaimers described "The IETF requires that certain notices and disclaimers described
in this Section 5 be reproduced verbatim in all IETF Documents in this Section 5 be reproduced verbatim in all IETF Documents
(including copies, derivative works and translations of IETF (including copies, derivative works and translations of IETF
Documents, but subject to the limited exceptions noted in Section Documents, but subject to the limited exceptions noted in Section
5.2). This requirement protects the IETF Trust, IETF and IETF 5.2). This requirement protects the IETF Trust, IETF and IETF
Participants from liabilities connected with these documents. Participants from liabilities connected with these documents.
The copyright notice also alerts readers that the document is an The copyright notice also alerts readers that the document is an
IETF Document, and that the IETF Trust owns the copyright in the IETF Document, and that the IETF Trust owns certain aspects of the
"collective work", as well as certain aspects of the document, document, such as its layout, the RFC numbering convention and the
such as its layout, the RFC numbering convention and the prefatory prefatory language of the document. This legend is not, however,
language of the document. This legend is not, however, intended intended to imply that IETF or the IETF Trust owns the text of any
to imply that IETF or the IETF Trust owns the text of any
Contribution included in an IETF Document. Rather, ownership of Contribution included in an IETF Document. Rather, ownership of
such Contributions is retained by the author(s) or remains in the such Contributions is retained by the author(s) or remains in the
public domain, as applicable, subject only to the licenses granted public domain, as applicable, subject only to the licenses granted
to IETF and the IETF Trust under Section 3.3 above." to IETF and the IETF Trust under Section 3.3 above."
6.2 Update copyright statement and clarify text about additional 4.2 Update copyright statement and clarify text about additional
copyright statements copyright statements
The creation of the IETF Trust to hold IETF-related IPR requires that The creation of the IETF Trust to hold IETF-related IPR requires that
the copyright statement in Section 5.4 be changed. Since it has been the copyright statement in Section 5.4 be changed. Since it has been
established practice to include a one-line copyright statement near established practice to include a one-line copyright statement near
the beginning of IETF Documents this should be mentioned. the beginning of IETF Documents this should be mentioned.
The text in Section 5.4 about multiple copyright statements has The text in Section 5.4 about multiple copyright statements has
occasionally been misinterpreted so should be clarified. occasionally been misinterpreted so should be clarified.
6.2.1 Revised Section 5.4 4.2.1 Revised Section 5.4
5.4. Copyright Notices (required for all IETF Documents) 5.4. Copyright Notices (required for all IETF Documents)
(Normally placed near the beginning of the IETF Documents)
"Copyright (C) The IETF Trust (year).
(Normally placed at the end of the IETF Document.) (Normally placed at the end of the IETF Document.)
"Copyright (C) The IETF Trust (year). "Portions Copyright (C) The IETF Trust (year).
This document is subject to the rights, licenses and This document is subject to the rights, licenses and
restrictions contained in BCP 78, and except as set forth restrictions contained in BCP 78, and except as set forth
therein, the authors retain all their rights." therein, the authors retain all their rights."
Only copyright notices for the IETF Trust are permitted in IETF Only copyright notices for the IETF Trust are permitted in IETF
Documents except in the case where such a document is the product Documents except in the case where such a document is the product
of a joint development effort between the IETF and another of a joint development effort between the IETF and another
standards development organization or the document is a standards development organization or the document is a
republication of the work of another standards organization. Such republication of the work of another standards organization. Such
exceptions must be approved on an individual basis by the IAB. exceptions must be approved on an individual basis by the IAB.
6.3 In Section 5.6 of RFC 3978, all occurrences of "Internet Society" 4.3 In Section 5.6 of RFC 3978, all occurrences of "Internet Society"
or "ISOC" are replaced by "IETF Trust". or "ISOC" are replaced by "IETF Trust".
to reduce confusion the note about multiple copyright notices to reduce confusion the note about multiple copyright notices
6.4 In Section 5.5 of RFC 3978, ", THE IETF TRUST" is inserted after 4.4 In Section 5.5 of RFC 3978, ", THE IETF TRUST" is inserted after
"INTERNET SOCIETY". "INTERNET SOCIETY".
7. Errata 5. Errata
7.1 The two sentences of Section 4.2(a)(C) are combined into a single 5.1 The two sentences of Section 4.2(a)(C) are combined into a single
sentence separated by a comma. sentence separated by a comma.
7.2 In Section 7.1, all occurrences of "Internet Society" or "ISOC" are 5.2 In Section 7.1, all occurrences of "Internet Society" or "ISOC" are
replaced by "IETF Trust". replaced by "IETF Trust".
7.3 The section reference at the end of the first paragraph of Section 5.3 The section reference at the end of the first paragraph of Section
7.3 is changed from 3.3(E) to 3.3(C). 7.3 is changed from 3.3(E) to 3.3(C).
7.4. In Section 8, ", the IETF Trust" is inserted after "ISOC". 5.4. In Section 8, ", the IETF Trust" is inserted after "ISOC".
8. References 6. References
8.1. Normative References 6.1. Normative References
[RFC 3978] Bradner, S., Ed., "IETF Rights in Contributions", BCP 78, [RFC 3978] Bradner, S., Ed., "IETF Rights in Contributions", BCP 78,
RFC 3978, March 2005. RFC 3978, March 2005.
[BCP 101] Austein, R., and B. Wijnen, "Structure of the IETF [BCP 101] Austein, R., and B. Wijnen, "Structure of the IETF
Administrative Support Activity (IASA)," BCP 101, RFC 4071, April Administrative Support Activity (IASA)," BCP 101, RFC 4071, April
2005. 2005.
[IETF Trust Agreement?] [IETF Trust Agreement?]
9. Acknowledgements 7. Acknowledgements
Thanks to Jorge Contreras from Wilmer, Cutler, Pickering, Hale and Thanks to Jorge Contreras from Wilmer, Cutler, Pickering, Hale and
Dorr LLP who provided a significant rewrite of my material. Dorr LLP who provided a significant rewrite of my material.
10. Editor's Address 8. Editor's Address
Scott Bradner Scott Bradner
Harvard University Harvard University
29 Oxford St. 29 Oxford St.
Cambridge MA, 02138 Cambridge MA, 02138
Phone: +1 617 495 3864 Phone: +1 617 495 3864
EMail: sob@harvard.edu EMail: sob@harvard.edu
11. Full copyright statement 9. Full copyright statement
Copyright (C) The Internet Society (2006). This document is subject Copyright (C) The Internet Society (2006). This document is subject
to the rights, licenses and restrictions contained in BCP 78, and to the rights, licenses and restrictions contained in BCP 78, and
except as set forth therein, the authors retain all their rights. except as set forth therein, the authors retain all their rights.
This document and the information contained herein are provided on an This document and the information contained herein are provided on an
"AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS
OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY AND THE INTERNET OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY AND THE INTERNET
ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
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