Subject: Perhaps clarify: #825 - IASA responsibilities regarding IPR

From: Harald Tveit Alvestrand <[email-masked]>
Date: Mon, 31 Jan 2005 13:10:42 +0100

Based on some offline conversations, I've concluded that perhaps Bob Kahn's 
message highlighted a point about the current (-05) language about IPR 
handling: It is a little implicit.

The current text says:

3. Structure of the IASA

   The IASA is responsible for undertaking any and all required actions
   that involve trademarks on behalf of the IETF.

3.1 IAD responsibilities

   If a contract entered into by ISOC on behalf of IASA and/or the IETF
   (an "IASA Contract") provides for the creation, development,
   modification or storage of any data (including, without limitation,
   any data relating to IETF membership, documents, archives, mailing
   lists, correspondence, financial records, personnel records and the
   like) ("Data"), then the IAD shall ensure that such contract grants
   to ISOC the perpetual, irrevocable right, on behalf of IASA and IETF,
   to use, display, distribute, reproduce, modify and create derivatives
   of such Data.  ISOC will permit IASA and its designee(s) to have sole
   control and custodianship of such Data, and ISOC will not utilize or
   access such Data in connection with any ISOC function other than IETF
   without the written consent of the IAD.
.....
   The IAD and IAOC are responsible for making all business decisions
   regarding the IASA.

And in section 7 paragraph on "Removability":

      To the extent allowed by law, any balance in the IASA accounts,
      any IETF-specific intellectual property rights, and any
      IETF-specific data and tools shall also transition to the new
      entity.

I believe that these paragraphs paint a clear picture: The IETF wants the 
IASA entity to be its manager for IPR.

But still - it is worth being perfectly clear here.
I suggest we change the text in section 3 from:

   The IASA is responsible for undertaking any and all required actions
   that involve trademarks on behalf of the IETF.

to:

   The IASA is responsible for managing all IPR, including but not
   limited to trademarks, domain names, and copyrights, that belongs
   to the IETF. It is responsible for undertaking any and
   all required actions on behalf of the IETF to obtain, protect and
   manage the rights that the IETF needs to carry out its work.

I'm sure Jorge could phrase it better..... but I think the meaning
is clear.

                   Harald

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From: Margaret Wasserman <[email-masked]>
Date: Mon, 31 Jan 2005 07:44:22 -0500

>   manage the rights that the IETF needs to carry out its work.

This makes sense to me, and I agree with Bob that it is important to 
make it clear who will control and manage our intellectual property 
rights.

Thanks,
Margaret

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From: Jeffrey Hutzelman <[email-masked]>
Date: Mon, 31 Jan 2005 16:04:49 -0500

>    The IASA is responsible for managing all IPR, including but not
                                              ^^^
>    manage the rights that the IETF needs to carry out its work.

- Please spell out "intellectual property rights".
- Domain names are not IPR.
- What about patents?

-- Jeffrey T. Hutzelman (N3NHS) <[email-masked]>
   Sr. Research Systems Programmer
   School of Computer Science - Research Computing Facility
   Carnegie Mellon University - Pittsburgh, PA

---

From: John C Klensin <[email-masked]>
Date: Mon, 31 Jan 2005 18:42:08 -0500

--On Monday, 31 January, 2005 16:04 -0500 Jeffrey Hutzelman
<[email-masked]> wrote:

>>    limited to trademarks, domain names, and copyrights, that
>>    belongs to the IETF. It is responsible for undertaking any
>>    and all required actions on behalf of the IETF to obtain,
>>    protect and manage the rights that the IETF needs to carry
>>    out its work.
> 

yeah

> - Domain names are not IPR.

While I would personally agree with you, this assertion would
come as a surprise to, and be hotly contested by, many of those
who hang around ICANN.

> - What about patents?

What about them?  The IETF doesn't own any and, as far as I
know, doesn't want to own any and, given its mission, shouldn't
own any.  In the unlikely event that it needed patent licenses
to carry out its work (something that many of us would fight to
the last drop of the blood of whomever proposed it), those
licenses would be covered by the second sentence above.

    john