Subject: [KEYPROV] FW: Copyright issues affecting current Internet-Drafts

From: "Hannes Tschofenig" <[email-masked]>
Date: Thu, 15 Jan 2009 10:08:14 +0200

Folks, 

there are some issues with the new IPR policies outlined in RFC 5378 that I
would like to bring to your attention. Please read through the writeups that
other folks have provided and make your own judgement. 

Ciao
Hannes

>-----Original Message-----
>From: [email-masked] 
>[mailto:[email-masked]] On Behalf Of Dave Nelson
>Sent: 14 January, 2009 21:53
>To: [email-masked]
>Subject: Copyright issues affecting current Internet-Drafts
>
>The IETF Chair has requested that all Working Groups be 
>notified of an intellectual property rights / copyright 
>"brou-ha-ha" that is being currently discussed on the IETF 
>General Discussion List.
>
>As I understand it, there is a minor defect in RFC 5378, the 
>document that currently governs rights in IETF submissions and 
>publications.
>Specifically, this has to do with rights for derivative works 
>outside of the IETF standards process.
>
>There is also ongoing discussion of a workaround for this 
>problem.  If you are interested, please consult the IETF 
>General Discussion mailing list archives.  Any discussion of 
>the issue should occur on that list.
>
>One potential impact to the Working Groups is that revised 
>boilerplate text is likely to be required for submission of 
>I-Ds.  That revised text is expected to be in place well 
>before the I-D submission cut-off date prior to IETF-74.  
>There may be some confusion during the transition, however.
>
>A second potential impact is that any material that has been 
>derived from a document published prior to the effective date 
>RFC 5378 (November 11, 2008) may require special restrictions 
>to be listed in the boilerplate, as to rights for derivative 
>works outside the IETF standards process.
>
>The "fair use doctrine" would seem to apply to small sections 
>of properly quoted and cited text from older documents.  The 
>issue arises with any modifications to such text.  We have 
>seen such re-use of modified text proposed in recent WG list 
>discussions on open RADEXT Issues.
>
>All I-D authors need to be generally aware of this issue, and 
>anyone wishing to include substantial sections of text or any 
>sections of modified text from a "pre-5378" document need to 
>be particular aware.  It does not appear that this issue will 
>impact our work, if we pay attention to the details.
>
>Following is the details of the issue, as summarized in an 
>announcement from the Trustees of the IETF Trust (the agency 
>that holds IETF IPR).
>
>---------------------------------------------------------------
>-----------
>
>The purpose of this message is twofold:
>
>1) To summarize the issues that some members of our community 
>   have experienced since the publication of RFC 5378 in 
>November 2008, 
>   and
>2) To invite community review and discussion on a potential 
>work-around 
>   being considered by the IETF Trustees.
>
>Some I-D authors are having difficulty implementing RFC 5378.  
>An example of the difficulty is as follows:
>
>  - an author wants to include pre-5378 content in a new submission
>    or contribution to the IETF, but
>  - s/he is not certain that all of the author(s) of the earlier  
>    material have agreed to license it to the IETF Trust according
>    to RFC 5378.
>
>If an I-D author includes pre-5378 material in a new document, 
>then s/he must represent or warrant that all of the authors 
>who created the
>pre-5378 material have granted rights for that material to the 
>IETF Trust.
>If s/he cannot make this assertion, then s/he has a problem.
>
>This situation has halted the progression of some 
>Internet-Drafts and interrupted the publication of some RFCs.  
>The Trustees of the IETF Trust are investigating ways to 
>implement a temporary work-around so that IETF work can 
>continue to progress.  A permanent solution to this "pre-5378 
>problem" may require an update to RFC 5378, for example new 
>work by the community to create a 5378-bis document.
>
>The remainder of this message provides an outline of the 
>temporary work- around being considered by the Trustees.
>
>RFC 5378 sections 1.j and 5.3.c provide the IETF Trust with 
>the authority to develop legend text for authors to use in 
>situations where they wish to limit the granting of rights to 
>modify and prepare derivatives of the documents they submit.  
>The Trustees used this authority in 2008 to develop and adopt 
>the current "Legal Provisions Relating to IETF Documents" 
>which are posted at:
>http://trustee.ietf.org/license-info/.
>
>The Trustees are now considering the creation of optional new 
>legend text which could be used by authors experiencing the 
>"pre-5378 problem".
>
>The new legend text, if implemented, would do the following:
>
>  a. Provide Authors and Contributors with a way to identify (to the
>     IETF Trust) that their contributions contain material 
>from pre-5378  
>     documents for which RFC 5378 rights to modify the material outside
>     the IETF standards process may not have been granted, and
>
>  b. Provide the IETF Trust and the community with a clear indication 
>     of every document containing pre-5378 content and having the
>     "pre-5378 problem".
>
>So, how could the creation and use of some new legend text 
>help people work-around the pre-5378 problem?
>
>The proposed answer is as follows:
>
>  1. Anyone having a contribution with the "pre-5378" problem 
>should add
>     new legend text to the contribution, to clearly flag that 
>it includes
>     pre-5378 material for which all of the rights needed 
>under RFC 5378
>     may not have been granted, and
>
>  2. The IETF Trust will consider authors and contributors (with the  
>     pre-5378 problem) to have met their RFC 5378 obligations if the
>     new legend text appears on their documents, and
>
>  3. Authors and contributors should only resort to adding the new  
>     legend text to their documents (per #1) if they cannot develop  
>     certainty that all of the author(s) of pre-5378 material in
>     their documents have agreed to license the pre-5378 content to
>     the IETF Trust according to RFC 5378.
>
>The proposed wording for the new legend text is now available 
>for your review and comments in section 6.c.iii of a draft 
>revision to the IETF Trust's "Legal Provisions Relating to 
>IETF Documents" located at 
>http://trustee.ietf.org/policyandprocedures.html.
>
>Please note that the above document also contains new text in 
>section 5.c dealing with "License Limitations".
>
>If your review and feedback on this proposed work-around is 
>positive, then the new text may be adopted by the Trustees in 
>early February 2009, and then be published as an official 
>revision to the Legal Provisions document.  If so adopted, 
>Internet-Drafts with pre-5378 material may advance within the 
>Internet standards process and get published as RFCs where 
>otherwise qualified to do so.  Unless covered by sections 
>6.c.i or 6.c.ii, authors of documents in which there is no 
>pre-5378 material must provide a RFC 5378 license with no 
>limitation on modifications outside the IETF standards process.
>
>The IETF Trust will not grant the right to modify or prepare 
>derivative works of any specific RFC or other IETF 
>Contribution outside the IETF standards process until RFC 5378 
>rights pertaining to that document have been obtained from all 
>authors and after compliance by the IETF Trust with RFC 5377.  
>The Trustees will establish one or more mechanisms by which 
>authors of pre-5378 documents may grant RFC 5378 rights.
>
>The Trustees hereby invite your review, comments and 
>suggestions on this proposed work-around to the "pre-5378 
>problem".  The period for this review is 30 days.  Microsoft 
>WORD and PDF versions of the proposed revisions are attached 
>to this message.  Copies are also available on the IETF Trust 
>website under the heading "DRAFT Policy and Procedures Being 
>Developed" at:
>http://trustee.ietf.org/policyandprocedures.html 
>
>All feedback submitted before the end of February 7th will be 
>considered by the Trustees.  A decision on whether to move 
>forward with this proposal will be made and communicated to 
>you before the end of February 15th.
>
>Please give this your attention.
>
>Regards and Happy New Year !
>
>Ed Juskevicius, on behalf of the IETF Trustees edj.etc at gmail.com
>
>
>
>--
>to unsubscribe send a message to 
>[email-masked] with the word 'unsubscribe' in 
>a single line as the message text body.
>archive: <http://psg.com/lists/radiusext/>
>

_______________________________________________
KEYPROV mailing list
[email-masked]
https://www.ietf.org/mailman/listinfo/keyprov