Network Working Group                                        S. Bradner
Internet-Draft                                       Harvard University
                                                                 Editor
                                                          February 2006
                            RFC 3978 Update

                  <draft-ietf-ipr-rules-update-04.txt>

                  <draft-ietf-ipr-rules-update-05.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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   material or to cite them other than as "work in progress."

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   This Internet-Draft will expire on August 25, 2006.

Abstract
   This document modifies RFC 3978 "IETF Rights in Contributions" as
   follows: (1) recognizing that the IETF Trust is now the proper
   custodian of all IETF-related intellectual property rights, (2)
   giving IETF Trust the right to permit extraction of material from
   RFCs, and (3) giving IETF Trust the right to permit others to create
   derivative works outside the IETF Standards Process.

   This document does not constrain how the IETF Trust exercises those
   rights.

Copyright Notice
      Copyright (C) The Internet Society. (2006)

1. Introduction

1.1  IETF Trust

   Currently the IETF requires that authors of Contributions to 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
   permissions as part of the process of submitting such Contribution.
   These rights and permissions are detailed in "IETF Rights in
   Contributions" (RFC 3978 - BCP 78) [RFC3978].

   The IETF Trust was recently formed to act as the administrative
   custodian of all copyrights and other intellectual property rights
   relating to the IETF Standards Process that had previously been held
   by ISOC and CNRI (See [reference to IETF Trust Agreement]).  This
   document modifies RFC 3978 in order to implement this structure.
   Most importantly, it alters the license-grant path as follows:
   whereas previously authors of Contributions to the IETF would grant a
   license both to ISOC and to all IETF participants, it is now proposed
   that such authors grant a license to the IETF Trust (in Section 3.3), and
   that the IETF Trust concurrently grant the necessary corresponding
   licenses 3.3).
   This document concerns itself only with "inbound" rights - those
   rights to be granted to all IETF participants (in a new Section 3.7).

   In addition, under new Section 3.7 the IETF Trust by relevant Contributors.  A
   separate document will be able to
   grant deal with "outbound" rights to third parties (such as the right to reproduce and/or
   create derivative works outside of - those rights
   granted by the IETF Standards Process). Trust to others.

   This
   right may be constrained in future RFCs, and this memo introductory section is not
   intended to dictate how or when provide context for the IETF Trust may grant licenses reader.
   Sections 2 and 3 of this document are intended to
   third parties.  It merely obtains the necessary "inbound" rights from
   the relevant Contributors. be normative.

1.2. 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. The IETF Trust should
   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

   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 any specific
   statement of these permissions in the RFC copyright notice or in BCP
   78.  The IETF Trust should add a  A new Section 3.3(F) should be added to RFC 3978 to clarify that
   the Contributor permits the IETF Trust to grant this right to third parties, and also add the IETF Trust's grant of such
   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.
   parties.

1.4  Derivative Works

   Currently the IETF obtains from Contributors the right to prepare
   derivative works of their Contributions within the IETF Standards
   Process.  This is done in RFC 3978 Section 3.3 (a) (C).   The IETF
   Trust should modify that   That
   paragraph in Section 3.7 should be modified to grant the IETF Trust the ability to
   authorize the preparation of derivative works without limiting such
   development to the IETF Standards Process.  Such a paragraph would
   not, by itself, grant any additional permissions outside of the IETF,
   but would empower the IETF Trust to authorize the development of
   derivative works outside of the IETF Standards Process.  One example
   of where the IETF Trust 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.

1.5  No Retroactive Effect

   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.  Accordingly, the
   legends and other text accompanying this memo still reflect the
   provisions of RFC 3978, even though those provisions will be amended
   once this memo is published as an RFC. However, nothing prevents the
   Contributors of such Contributions voluntarily granting these rights
   retroactively.

2.   General Statements

2.1  In order to clarify that Contributors are bound by all provisions
   of RFC 3978 upon submission of a Contribution to the IETF, the
   following paragraph is moved from Section 3.3 to the end of Section
   3.1, with clarifying adjustments:

      "By submission of a Contribution, each person actually submitting
      the Contribution, and each named co-Contributor, is deemed to
      agree to the terms and conditions set forth in this document, on
      his or her own behalf and on behalf of the organization the
      Contributor represents or is sponsored by (if any), when
      submitting the Contribution."

2.2  Because it is necessary in this document to refer to individual
   IETF participants, the following sentence is added at the end of the
   definition of "IETF" in Section 1(a) of RFC 3978:

      "An "IETF Participant" shall mean any such individual
      participant."

3.   Rights Granted By Contributors to IETF Trust - New Section 3.3

   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
   full:

      "3.3.  Rights Granted by Contributors to IETF Trust

      To the extent that a Contribution or any portion thereof is
      protected by copyright or other rights of authorship, the
      Contributor, and each named co-Contributor, and the organization
      he or she represents or is sponsored by (if any) grant grants a
      perpetual, irrevocable, non-exclusive, royalty-free, world-wide
      right and license to the IETF Trust under all such copyrights and
      other rights in the Contribution, with the understanding that the
      IETF Trust shall have the right to sublicense these rights to the
      extent described in Section 3.7 below: Contribution:

      (A) to copy, print, publish, display, and distribute the Contribution as
         part of the IETF Standards Process or in an Internet-Draft,

      (B) to prepare or allow the preparation of translations of the
         Contribution into languages other than English,

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

         (1) 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, and

         (2) as determined by the IETF Trust, to grant third parties the
            right to modify or prepare derivative works of the
            Contribution outside of the IETF Standards Process, and to
            copy, publish, display and distribute such modifications or
            derivative works outside the IETF Standards Process, subject
            to a requirement to properly acknowledge the IETF (it being
            understood that neither consent of, nor notice to, the
            Contributor shall be required for any such grant),

         provided that in each case the license to such modification or
         derivative works does not grant any more rights than the
         license to the original Contribution, 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 3.3, provided that when reproducing Contributions,
         trademark and service mark identifiers used in the
         Contribution, including (TM) and (R) will be preserved, and

      (E) to extract, copy, print, 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 the
         Contribution 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, and

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

         The licenses granted in this Section 3.3 shall not be deemed

      (G) to
         grant any right under any patent, patent application or other
         similar intellectual property right disclosed by the
         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 permit the IETF Trust to Third Parties

      (A)  The IETF Trust hereby grants to any person wishing to obtain
         such rights, sublicense these 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 original grant of source code statements into
            executable code), right and further provided that the notices
            required by Sections 5.4 license, including
         its use in a working collection or 5.6 below, as applicable, are
            included.

      (B) collective work.

         The IETF Trust may, in its discretion, grant additional right
         to third parties to the extent that its licenses under granted in this 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 not be deemed to granting
         grant any such
         rights.

6. right under any patent, patent application or other
         similar intellectual property right disclosed by the
         Contributor under BCP 79."

4.   Legends and Notifications

   The legends and notifications required by RFC 3978 are hereby updated
   as set forth below to reflect the other provisions of this document.

6.1

4.1  The first paragraph of Section 5 of RFC 3978 explains the
   requirement for applying certain notices and legends to IETF
   documents.  There has been considerable confusion in the past
   regarding the meaning of the copyright notice on these documents.
   Accordingly, the first paragraph of Section 5 is hereby amended as
   follows to explain the purpose and meaning of this copyright notice
   requirement, as well as to substitute "IETF Trust" for "ISOC":

      "The IETF requires that certain notices and disclaimers described
      in this Section 5 be reproduced verbatim in all IETF Documents
      (including copies, derivative works and translations of IETF
      Documents, but subject to the limited exceptions noted in Section
      5.2).  This requirement protects the IETF Trust, IETF and IETF
      Participants from liabilities connected with these documents.

      The copyright notice also alerts readers that the document is an
      IETF Document, and that the IETF Trust owns the copyright in the
      "collective work", as well as certain aspects of the
      document, such as its layout, the RFC numbering convention and the
      prefatory language of the document.  This legend is not, however,
      intended to imply that IETF or the IETF Trust owns the text of any
      Contribution included in an IETF Document.  Rather, ownership of
      such Contributions is retained by the author(s) or remains in the
      public domain, as applicable, subject only to the licenses granted
      to IETF and the IETF Trust under Section 3.3 above."

6.2

4.2 Update copyright statement and clarify text about additional
   copyright statements

   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
   established practice to include a one-line copyright statement near
   the beginning of IETF Documents this should be mentioned.

   The text in Section 5.4 about multiple copyright statements has
   occasionally been misinterpreted so should be clarified.

6.2.1

4.2.1 Revised Section 5.4

   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.)

         "Copyright

         "Portions Copyright (C) The IETF Trust (year).

         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."

      Only copyright notices for the IETF Trust are permitted in IETF
      Documents except in the case where such a document is the product
      of a joint development effort between the IETF and another
      standards development organization or the document is a
      republication of the work of another standards organization.  Such
      exceptions must be approved on an individual basis by the IAB.

6.3

4.3  In Section 5.6 of RFC 3978, all occurrences of "Internet Society"
   or "ISOC" are replaced by "IETF Trust".

   to reduce confusion the note about multiple copyright notices

6.4

4.4  In Section 5.5 of RFC 3978, ", THE IETF TRUST" is inserted after
   "INTERNET SOCIETY".

7.

5.   Errata

7.1

5.1  The two sentences of Section 4.2(a)(C) are combined into a single
   sentence separated by a comma.

7.2

5.2  In Section 7.1, all occurrences of "Internet Society" or "ISOC" are
   replaced by "IETF Trust".

7.3

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).

7.4.

5.4. In Section 8, ", the IETF Trust" is inserted after "ISOC".

8.

6. References

8.1.

6.1. Normative References

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

   [BCP 101] Austein, R., and B. Wijnen, "Structure of the IETF
      Administrative Support Activity (IASA)," BCP 101, RFC 4071, April
      2005.

   [IETF Trust Agreement?]

9.

7. Acknowledgements

   Thanks to Jorge Contreras from Wilmer, Cutler, Pickering, Hale and
   Dorr LLP who provided a significant rewrite of my material.

10.

8. Editor's Address

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

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

11.

9.   Full copyright statement

   Copyright (C) The Internet Society (2006).  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.