On Wed, Jan 14, 2009 at 08:33:35PM -0500, Contreras, Jorge wrote:
No, absolutely not. Use of pre-5378 materials in the IETF standards
process has never been an issue, only use outside the IETF is problematic
(ie, allowed under 5378 but not the earlier rules).
Why is the actual situation of the use relevant? "Contribution" is
defined in section 1a of RFC 5378, and it plainly says that mailing
list posting and anything one says at the microphone in any meeting is
included in the definition. In section 5.1, RFC 5378 says that, by
submitting the Contribution, the Contributor is "deemed to have agreed
that he/she has obtained the necessary permissions" to enter into the
agreement allowing the IETF to use the Contribution according to the
new rules.
So, just because the Contribution doesn't _happen_ to end up in use
outside the IETF by virtue of the IETF's actions does not mean that a
Contributor doesn't have to obtain the rights to allow such re-use. I
believe that the _intent_ of 5378 is as you say, but the way it is
written does not seem to restrict it in the way you say it does, at
least when I read it as plain English prose. I'm not qualified to say
whether there are other relevant legal considerations.
Whether there is any practical effect to this state of affairs is
quite another matter, too, of course. I find it hard to believe that
there'd be a practical consequence; but then, I have found several
actual legal decisions of the past to be hard to believe, too.
A
--
Andrew Sullivan
ajs(_at_)shinkuro(_dot_)com
Shinkuro, Inc.
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