Hi,
On Tue, Nov 29, 2011 at 1:38 AM, SM <sm(_at_)resistor(_dot_)net> wrote:
At 10:50 28-11-2011, IETF Chair wrote:
The IETF legal counsel and insurance agent suggest that the IETF ought to
have an antitrust policy. To address this need, a lawyer is needed. As a
way forward, I suggest that IASA pay a lawyer to come up with an initial
draft, and then this draft be brought to the community for review and
comment (and probably revision). I think a new mail list should be used for
the discussion. Once the new mail list reaches rough consensus on the
antitrust policy document, I suggest using the usual process for adopting
the policy as an IETF BCP.
There isn't any information about why an antitrust policy is needed except
for a suggestion from an insurance agent.
As far as I know:
(a) The IETF is not a legal entity
No matter now many times people repeat it, the above is just nonsense.
At least in common law countries, unincorporated associations are
legal entities. Furthermore, the IETF is enough of a separate entity
to have legal interests defended by separate legal counsel.
(b) The IETF Trust holds and manages rights on behalf of the IETF
(c) The IETF does not have any members
The governance of the I* is complicated but I don't think any court
would have any trouble finding that, for some purposes, the membership
of the IETF is those qualified to serve as voting noncom members.
(d) People participate in the IETF as individuals
(e) This Standard-Setting Organization (SSO) is open
(f) The IETF does not vote
Legally, I don't think there is much difference between many IETF
decision procedures and the voice voting commonly used in various
assemblies.
Thanks,
Donald
=============================
Donald E. Eastlake 3rd +1-508-333-2270 (cell)
155 Beaver Street, Milford, MA 01757 USA
d3e3e3(_at_)gmail(_dot_)com
If decisions are taken by consensus and the decision-making is fair, there
isn't a capturing party.
Could more information be provided about:
(i) Whether the antitrust policy should be applicable for the U.S. and
the E.U.
(ii) Which insurance triggered the discussion about having an antitrust
policy
(iii) Which body faces the risk of anti-competitive litigation
Regards,
-sm
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