Subject: [AVT] FW: ANNOUNCEMENT: The IETF Trustees invite your review and comments on a proposed Work-Around to the Pre-5378 Problem

From: "Roni Even" <[email-masked]>
Date: Wed, 14 Jan 2009 19:43:05 +0200

Hi,
This is the proposed work around, see my previous email
Roni Even
AVT co-chair

>From: "Ed Juskevicius" <[email-masked]>
>To: "'IETF Discussion'" <[email-masked]>, <[email-masked]>,
>         <[email-masked]>, <[email-masked]>, <[email-masked]>,
>         <[email-masked]>
>Date: Thu, 8 Jan 2009 16:43:50 -0500
>Cc: 'Trustees' <[email-masked]>
>Subject: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your review and
>         comments on a proposed Work-Around to the Pre-5378 Problem
>
>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
>[email-masked]

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