Subject: RFC 2026, Section 10

From: Russ Housley <[email-masked]>
Date: Fri, 29 Jan 1999 16:25:18 -0500

All:

Here is Section 10 of RFC 2026.

It is my view that CMS should be labelled:

        This document is an Internet-Draft and is in full conformance
        with all provisions of Section 10 of RFC2026.

Does anyone disagree?

Russ

= = = = = = = = = = =

10.  INTELLECTUAL PROPERTY RIGHTS

10.1.  General Policy

   In all matters of intellectual property rights and procedures, the
   intention is to benefit the Internet community and the public at
   large, while respecting the legitimate rights of others.

10.2  Confidentiality Obligations

   No contribution that is subject to any requirement of confidentiality
   or any restriction on its dissemination may be considered in any part
   of the Internet Standards Process, and there must be no assumption of
   any confidentiality obligation with respect to any such contribution.

10.3.  Rights and Permissions

   In the course of standards work, the IETF receives contributions in
   various forms and from many persons.  To best facilitate the
   dissemination of these contributions, it is necessary to understand
   any intellectual property rights (IPR) relating to the contributions.

10.3.1.  All Contributions

   By submission of a contribution, each person actually submitting the
   contribution is deemed to agree to the following terms and conditions
   on his own behalf, on behalf of the organization (if any) he
   represents and on behalf of the owners of any propriety rights in the
   contribution..  Where a submission identifies contributors in
   addition to the contributor(s) who provide the actual submission, the
   actual submitter(s) represent that each other named contributor was
   made aware of and agreed to accept the same terms and conditions on
   his own behalf, on behalf of any organization he may represent and
   any known owner of any proprietary rights in the contribution.

   l. Some works (e.g. works of the U.S. Government) are not subject to
      copyright.  However, to the extent that the submission is or may
      be subject to copyright, the contributor, the organization he
      represents (if any) and the owners of any proprietary rights in
      the contribution, grant an unlimited perpetual, non-exclusive,
      royalty-free, world-wide right and license to the ISOC and the
      IETF under any copyrights in the contribution.  This license
      includes the right to copy, publish and distribute the
      contribution in any way, and to prepare derivative works that are
      based on or incorporate all or part of the contribution, the
      license to such derivative works to be of the same scope as the
      license of the original contribution.

   2. The contributor acknowledges that the ISOC and IETF have no duty
      to publish or otherwise use or disseminate any contribution.

   3. The contributor grants permission to reference the name(s) and
      address(es) of the contributor(s) and of the organization(s) he
      represents (if any).

   4. The contributor represents that contribution properly acknowledge
      major contributors.

   5. The contribuitor, the organization (if any) he represents and the
      owners of any proprietary rights in the contribution, agree that
      no information in the contribution is confidential and that the
      ISOC and its affiliated organizations may freely disclose any
      information in the contribution.

   6. The contributor represents that he has disclosed the existence of
      any proprietary or intellectual property rights in the
      contribution that are reasonably and personally known to the
      contributor.  The contributor does not represent that he
      personally knows of all potentially pertinent proprietary and
      intellectual property rights owned or claimed by the organization
      he represents (if any) or third parties.

   7. The contributor represents that there are no limits to the
      contributor's ability to make the grants acknowledgments and
      agreements above that are reasonably and personally known to the
      contributor.

      By ratifying this description of the IETF process the Internet
      Society warrants that it will not inhibit the traditional open and
      free access to IETF documents for which license and right have
      been assigned according to the procedures set forth in this
      section, including Internet-Drafts and RFCs. This warrant is
      perpetual and will not be revoked by the Internet Society or its
      successors or assigns.

10.3.2. Standards Track Documents

   (A)  Where any patents, patent applications, or other proprietary
      rights are known, or claimed, with respect to any specification on
      the standards track, and brought to the attention of the IESG, the
      IESG shall not advance the specification without including in the
      document a note indicating the existence of such rights, or
      claimed rights.  Where implementations are required before
      advancement of a specification, only implementations that have, by
      statement of the implementors, taken adequate steps to comply with
      any such rights, or claimed rights, shall be considered for the
      purpose of showing the adequacy of the specification.
   (B)  The IESG disclaims any responsibility for identifying the
      existence of or for evaluating the applicability of any claimed
      copyrights, patents, patent applications, or other rights in the
      fulfilling of the its obligations under (A), and will take no
      position on the validity or scope of any such rights.

   (C)  Where the IESG knows of rights, or claimed rights under (A), the
      IETF Executive Director shall attempt to obtain from the claimant
      of such rights, a written assurance that upon approval by the IESG
      of the relevant Internet standards track specification(s), any
      party will be able to obtain the right to implement, use and
      distribute the technology or works when implementing, using or
      distributing technology based upon the specific specification(s)
      under openly specified, reasonable, non-discriminatory terms.
      The Working Group proposing the use of the technology with respect
      to which the proprietary rights are claimed may assist the IETF
      Executive Director in this effort.  The results of this procedure
      shall not affect advancement of a specification along the
      standards track, except that the IESG may defer approval where a
      delay may facilitate the obtaining of such assurances.  The
      results will, however, be recorded by the IETF Executive Director,
      and made available.  The IESG may also direct that a summary of
      the results be included in any RFC published containing the
      specification.

10.3.3  Determination of Reasonable and Non-discriminatory Terms

   The IESG will not make any explicit determination that the assurance
   of reasonable and non-discriminatory terms for the use of a
   technology has been fulfilled in practice.  It will instead use the
   normal requirements for the advancement of Internet Standards to
   verify that the terms for use are reasonable.  If the two unrelated
   implementations of the specification that are required to advance
   from Proposed Standard to Draft Standard have been produced by
   different organizations or individuals or if the "significant
   implementation and successful operational experience" required to
   advance from Draft Standard to Standard has been achieved the
   assumption is that the terms must be reasonable and to some degree,
   non-discriminatory.  This assumption may be challenged during the
   Last-Call period.

10.4.  Notices

   (A)  Standards track documents shall include the following notice:

         "The IETF takes no position regarding the validity or scope of
         any intellectual property 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; neither does
         it represent that it has made any effort to identify any such
         rights.  Information on the IETF's procedures with respect to
         rights in standards-track and standards-related documentation
         can be found in BCP-11.  Copies of claims of rights made
         available for publication 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 implementors or users of this
         specification can be obtained from the IETF Secretariat."

   (B)  The IETF encourages all interested parties to bring to its
      attention, at the earliest possible time, the existence of any
      intellectual property rights pertaining to Internet Standards.
      For this purpose, each standards document shall include the
      following invitation:

         "The IETF invites any interested party to bring to its
         attention any copyrights, patents or patent applications, or
         other proprietary rights which may cover technology that may be
         required to practice this standard.  Please address the
         information to the IETF Executive Director."

   (C)  The following copyright notice and disclaimer shall be included
      in all ISOC standards-related documentation:

         "Copyright (C) The Internet Society (date). All Rights
         Reserved.

         This document and translations of it may be copied and
         furnished to others, and derivative works that comment on or
         otherwise explain it or assist in its implmentation may be
         prepared, copied, published and distributed, in whole or in
         part, without restriction of any kind, provided that the above
         copyright notice and this paragraph are included on all such
         copies and derivative works.  However, this document itself may
         not be modified in any way, such as by removing the copyright
         notice or references to the Internet Society or other Internet
         organizations, except as needed for the  purpose of developing
         Internet standards in which case the procedures for copyrights
         defined in the Internet Standards process must be followed, or
         as required to translate it into languages other than English.

         The limited permissions granted above are perpetual and will
         not be revoked by the Internet Society or its successors or
         assigns.

         This document and the information contained herein is provided
         on an "AS IS" basis and THE INTERNET SOCIETY AND THE INTERNET
         ENGINEERING TASK FORCE DISCLAIMS 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."

   (D)  Where the IESG is aware at the time of publication of
      proprietary rights claimed with respect to a standards track
      document, or the technology described or referenced therein, such
      document shall contain the following notice:

         "The IETF has been notified of intellectual property rights
         claimed in regard to some or all of the specification contained
         in this document.  For more information consult the online list
         of claimed rights."

---

From: Paul Hoffman / IMC <[email-masked]>
Date: Fri, 29 Jan 1999 14:27:55 -0800

>Does anyone disagree?

I certainly don't. It's up to the author of a draft. And, if anyone creates
a draft that they don't put the permissive wording in, I'm not likely to
help them with it.

--Paul Hoffman, Director
--Internet Mail Consortium