Internet DRAFT - draft-ietf-ipr-rules-update
draft-ietf-ipr-rules-update
Network Working Group S. Bradner
Internet-Draft Harvard University
Jorge Contreras
WilmerHale
Editors
July 2006
RFC 3978 Update
<draft-ietf-ipr-rules-update-07.txt>
Status of this Memo
By submitting this Internet-Draft, each author represents that any
applicable patent or other IPR claims of which he or she is aware
have been or will be disclosed, and any of which he or she becomes
aware will be disclosed, in accordance with Section 6 of BCP 79.
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This Internet-Draft will expire on December 20, 2006.
Abstract
This document modifies RFC 3978 "IETF Rights in Contributions" by
recognizing that the IETF Trust is now the proper custodian of all
IETF-related intellectual property rights.
Copyright Notice
Copyright (C) The Internet Society. (2006)
1. Introduction
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1.1 IETF Trust
Currently the IETF requires that authors of Contributions to the IETF
grant to the IETF (meaning the full set of participants in the IETF
Standards Process) a limited set of non-exclusive rights and
permissions as part of the process of submitting such Contribution.
These rights and permissions are detailed in "IETF Rights in
Contributions" (RFC 3978 - BCP 78) [RFC3978].
The IETF Trust was recently formed to act as the administrative
custodian of all copyrights and other intellectual property rights
relating to the IETF Standards Process that had previously been held
by ISOC (See [reference to IETF Trust Agreement]). This document
modifies RFC 3978 in order to implement this structure. Most
importantly, it alters the license-grant path as follows: whereas
previously authors of Contributions to the IETF would grant a license
both to ISOC and to all IETF participants, it is now proposed that
such authors grant a license to the IETF Trust (in Section 3.3), and
that the IETF Trust concurrently grant the necessary corresponding
licenses to all IETF participants (in a new Section 3.7).
In addition, under new Section 3.8 the IETF Trust will be able to
grant limited rights to third parties consistent with current IETF
practice and rules under RFC 3978 (such as the right to reproduce
IETF documents in unmodified form and to extract and modify code from
IETF Documents). This document is not intended to alter or expand
the rights that may be granted to third parties.
1.5 No Retroactive Effect
The rights granted under this memo starts with the publication of
this memo as an RFC. This memo does not retroactively obtain these
rights from Contributions that predate the publication of this memo
as a RFC. Accordingly, the legends and other text accompanying this
memo still reflect the provisions of RFC 3978, even though those
provisions will be amended once this memo is published as an RFC.
1.6 Normative versus Informative references
Section 1 of this memo is intended to be informative only. Section 2
of this memo is normative.
2. UPDATES TO RFC 3978
2.1 RIGHTS GRANTED BY CONTRIBUTORS TO IETF TRUST - UPDATE TO SECTION
3.3
The following text describes the rights that are granted by each
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Contributor to the IETF Trust and replaces Section 3.3 of RFC 3978 in
full:
"3.3. Rights Granted by Contributors to IETF Trust
To the extent that a Contribution or any portion thereof is
protected by copyright or other rights of authorship, the
Contributor, and each named co-Contributor, and the organization
he or she represents or is sponsored by (if any) grant a
perpetual, irrevocable, non-exclusive, royalty-free, world-wide
right and license to the IETF Trust under all such copyrights and
other rights in the Contribution, provided that the IETF Trust
shall have the right to sublicense these rights solely to the
extent described in Section 3.7 and 3.8 below:
(A) to copy, publish, display, and distribute the Contribution,
in whole or in part,
(B) to prepare translations of the Contribution into languages
other than English, and to copy, publish, display, and
distribute such translations or portions thereof,
(C) unless explicitly disallowed in the notices contained in a
Contribution [as per Section 5.2 below], to modify or prepare
derivative works (in addition to translations) that are based
on or incorporate all or part of the Contribution, and to copy,
publish, display, and distribute such derivative works, and
(D) to reproduce any trademarks, service marks or trade names
which are included in the Contribution solely in connection
with the reproduction, distribution or publication of the
Contribution and derivative works thereof as permitted by this
Section 3.3, provided that when reproducing Contributions,
trademark and service mark identifiers used in the
Contribution, including TM and (r) will be preserved.
The licenses granted in this Section 3.3 shall not be deemed to
grant any right under any patent, patent application or other
similar intellectual property right disclosed by the Contributor
under BCP 79 or otherwise."
2.2 RIGHTS GRANTED BY IETF TRUST TO IETF PARTICIPANTS - NEW SECTION 3.7
Now that Contributors are granting rights to the IETF Trust, the IETF
Trust must state what rights are being granted to IETF Participants
to enable the IETF to accomplish its work. Accordingly, the
following Section 3.7 is added. This section simply repeats the
license grants from Section 3.3 that are intended to be granted to
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all IETF Participants within the IETF Standards Process.
The following new Section 3.7 is hereby added to RFC 3978:
"3.7 Rights granted by IETF Trust to IETF Participants within the
IETF Standards Process
The IETF Trust hereby grants to each IETF Participant, to the
greatest extent that it is permitted to do so under the licenses
granted to it under Section 3.3 above, the following perpetual,
irrevocable, non-exclusive, royalty-free, world-wide rights and
licenses under all copyrights and other rights of authors, which
rights may be exercised solely within the IETF Standards Process:
(A) to copy, publish, display, and distribute each IETF Document
(including all Contributions and other portions thereof) in
unmodified form,
(B) to prepare translations of IETF Documents (including all
Contributions and other portion thereof) into languages other
than English, and to copy, publish, display, and distribute
such translations,
(C) unless explicitly disallowed in the notices contained in an
IETF Document [as per Section 5.2 below], to modify or prepare
derivative works (in addition to translations) that are based
on or incorporate all or part of the IETF Document (including
any Contribution included therein), and to copy, publish,
display, and distribute such derivative works or portions
thereof, and
(D) to reproduce any trademarks, service marks or trade names
which are included in a Contribution solely in connection with
the reproduction, distribution or publication of the
Contribution and derivative works thereof as permitted by this
Section 3.7, provided that when reproducing Contributions,
trademark and service mark identifiers used in the
Contribution, including (TM) and (r) will be preserved."
2.3 RIGHTS GRANTED BY IETF TRUST TO THIRD PARTIES - NEW SECTION 3.8
Under the licenses granted by Contributors in Section 3.3, the IETF
Trust has the ability to grant rights in Contributions and other
portions of IETF Documents to third parties for use outside the IETF
Standards Process. One such right is the right to copy and
republish IETF Documents without modification. Another right is to
use and modify code extracts from IETF Documents. These rights are
not new, and they currently exist in RFC 3978. They are included in
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this new section only due to the introduction of the IETF Trust to
this structure. Other rights may be granted by the IETF Trust to
third parties as and when authorized by future documents approved by
the IETF community.
The following new Section 3.8 is hereby added to RFC 3978:
"3.8 Rights Granted by the IETF Trust to Third Parties
The IETF Trust hereby grants to any person wishing to obtain such
rights, to the greatest extent it is permitted to do so, the
following perpetual, irrevocable, non-exclusive, royalty-free,
world-wide rights and licenses under all copyrights and other
rights of authors, which rights may be exercised within or outside
the IETF Standards Process:
(A) to copy, publish, display, and distribute each IETF Document
(including all Contributions and other portions thereof) in
unmodified form,
(B) to prepare translations of IETF Documents (including all
Contributions and other portions thereof) into languages other
than English, and to copy, publish, display, and distribute such
translations,
(C) to extract, modify, incorporate into other works, copy, publish,
display, and distribute executable code or code fragments that are
included in any IETF Document (such as MIB and PIB modules),
subject to the notification requirements of Section 5."
2.4 LEGENDS, NOTIFICATIONS AND ERRATA
The following provisions of RFC 3978 are hereby updated as set forth
below to reflect the introduction of the IETF Trust to this
structure.
1) In Sections 5.4 and 5.6 of RFC 3978, all occurrences of
"Internet Society" or "ISOC" are replaced by "IETF Trust".
2) In Section 5.5 of RFC 3978, ", THE IETF TRUST" is inserted after
"INTERNET SOCIETY".
3) The two sentences of Section 4.2(a)(C) are combined into a
single sentence separated by a comma.
4) In Section 7.1, all occurrences of "Internet Society" or "ISOC"
are replaced by "IETF Trust".
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5) The section reference at the end of the first paragraph of
Section 7.3 is changed from 3.3(E) to 3.3(C).
6) In Section 8, ", the IETF Trust" is inserted after "ISOC".
7) In order to clarify that Contributors are bound by all
provisions of RFC 3978 upon submission of a Contribution to the
IETF, the following paragraph is moved from Section 3.3 to the end
of Section 3.1, with clarifying adjustments:
"By submission of a Contribution, each person actually
submitting the Contribution, and each named co-Contributor, is
deemed to agree to the terms and conditions set forth in this
document, on his or her own behalf and on behalf of the
organization the Contributor represents or is sponsored by (if
any), when submitting the Contribution."
8) Because it is necessary in this document to refer to individual
IETF participants, the following sentence is added at the end of
the definition of "IETF" in Section 1(a) of RFC 3978:
"An "IETF Participant" shall mean any such individual
participant."
7. References
7.1. Normative References
[RFC 3978] Bradner, S., Ed., "IETF Rights in Contributions", BCP 78,
RFC 3978, March 2005.
[BCP 101] Austein, R., and B. Wijnen, "Structure of the IETF
Administrative Support Activity (IASA)," BCP 101, RFC 4071, April
2005.
[IETF Trust Agreement?]
8. Editors's Addresses
Scott Bradner
Harvard University
29 Oxford St.
Cambridge MA, 02138
Phone: +1 617 495 3864
EMail: sob@harvard.edu
Contreras & Bradner [Page 6]
Internet-Draft RFC 3978 Update July 2006
Jorge L. Contreras
WilmerHale
1875 Pennsylvania Avenue NW
Washington, DC 20006 USA
Phone: +1 202 663 6872
Email: jorge.contreras@wilmerhale.com
9. Full copyright statement
Copyright (C) The Internet Society (2006). This document is subject
to the rights, licenses and restrictions contained in BCP 78, and
except as set forth therein, the authors retain all their rights.
This document and the information contained herein are provided on an
"AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS
OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY AND THE INTERNET
ENGINEERING TASK FORCE DISCLAIM 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.
Intellectual Property
The IETF takes no position regarding the validity or scope of any
Intellectual Property Rights 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; nor does it represent that it has
made any independent effort to identify any such rights. Information
on the procedures with respect to rights in RFC documents can be
found in BCP 78 and BCP 79.
Copies of IPR disclosures made to the IETF Secretariat 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 implementers or users of this
specification can be obtained from the IETF on-line IPR repository at
http://www.ietf.org/ipr. The IETF invites any interested party to
bring to its attention any copyrights, patents or patent
applications, or other proprietary rights that may cover technology
that may be required to implement this standard. Please address the
information to the IETF at ietf-ipr@ietf.org.
Acknowledgement
Funding for the RFC Editor function is currently provided by the
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Internet Society.
Changes
Note to RFC Editor - remove this section if this document is
published as an RFC
version 3 to version 4
major rewrite based on input from Jorge
version 4 to version 5
various places cleaned up removal of outbound rights
version 5 to version 6
added section 2.3
added a new section 4 and renumbered the old section 4 and the
sections following
version 6 to version 7
many changes - redo to focus only on enabling the IETF Trust
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