Subject: RE: The IETF Trust License is too restricted

From: "Hallam-Baker, Phillip" <[email-masked]>
Date: Mon, 5 Dec 2005 06:31:00 -0800

> Behalf Of Simon Josefsson

> The text in section 9.5 appear to me to make it permanently 
> impossible to incorporate portions of RFC in both free or 
> proprietary products.

> I believe the requirement to give up all rights to derivative 
> works of the IETF IPR would be unacceptable to the Debian and 
> FreeBSD community.  They are not in a legal position to grant 
> the Trust all rights to derivative works of the work that 
> include portions of RFCs.

That raises a question that I have not seen answered yet.

What is the purpose of the trust if not to attempt to prevent
unauthorized derrivative works?

Today it is possible to make a proposal to IETF process, have that WG
implode (e.g. MARID) and then take the specification to an alternative
forum.

This might appear to some to be a good idea. In practice however the
parties that might do such a thing are the parties that begin a
standards process by asking the question 'what forum should we choose?'.
It would be a very bad idea for the IETF to attempt to make that choice
irrevocable.

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---

From: Brian E Carpenter <[email-masked]>
Date: Mon, 05 Dec 2005 16:31:01 +0100

Hallam-Baker, Phillip wrote:
...
> unauthorized derrivative works?

Its purpose is to give the IETF control of its own IPR, which
has previously been held by 3rd parties. (That's not the legal
statement of purpose in the formal Trust Agreement.)

What we then do once we have such control is then something we
can discuss and reach consensus on. Part of that discussion is
already happening in the IPR WG.

    Brian