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Re: IPR Questions Raised by Sam Hartman at the IETF 73 Plenarys

2009-01-23 16:20:02
Contreras, Jorge wrote:
Larry - thank you for your contribution!
I further want to comment that, as far as I can tell, it may not even be necessary to get *everyone* to sign. Here's the reason: Most RFCs are joint
works. Quoting (FWIW) from my own book on the subject of licensing:

"In the United States, unless they agree otherwise, each of the joint
authors may separately license a joint work--and all of its parts--without the consent of any of the other joint authors, and every author must account
to the other authors for their share of the profits derived from the
license. Consult local law to determine whether one owner of a joint work may license without the consent of the others or must account to the others
for his or her licensing revenue."

The problem lies with collective works, rather than joint works.
Lets identify these then... these are perhaps Publication Desk vs. NoteWell type submissions?

In
some cases, the multiple authors of IETF documents have each made
distinct contributions (i.e., sections or distinct text) rather than
i.e. identifiable components of contributions
collaborating to produce joint text.  Unfortunately it is not possible,
in hindight, to determine whether works with multiple authors are joint
works or collective works.
Why not just ask them???. All authors have a responsibility to maintain their contact info, otherwise it is easily argued that they abandoned their claims in that IP.
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