In this and a few later messages, I'm relaying comments from Jorge
Contreras, the IETF's pro bono legal counsel.
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1. Intellectual Property. I think I understand the reason for including
an explicit requirement that IP created in support of IETF activities be
usable by IETF on a perpetual basis. The way this concept is expressed,
however, should probably be adjusted slightly to reflect the way IP rights
are actually conveyed and licensed.
Old Text (Sec. 3.1, paragraphs 5-6)
The IAD is responsible for ensuring that all contracts give IASA and
the IETF the perpetual right to use, display, distribute, reproduce,
modify and create derivatives of all data created in support of IETF
activities. This is necessary to make sure the IETF has access to
the data it needs at all times, and to ensure that the IASA can
change contractors as needed without disrupting IETF work.
Whenever reasonable, if software is developed under an IASA contract
it should should remain usable by the IETF beyond the terms of the
contract. Some ways of achieving this are by IASA ownership or an
open source license; an open source license is preferable. The IAD
shall decide how best to serve the IETF's interests when making such
contracts.
Suggested new text (Sec. 3.1, paragraphs 5-6)
(A) If a contract entered into by ISOC on behalf of IASA and/or the IETF
(an "IASA Contract") provides for the creation, development,
modification or storage of any data (including, without limitation, any
data relating to IETF membership, documents, archives, mailing lists,
correspondence, financial records, personnel records and the like)
("Data"), then the IAD shall ensure that such contract grants to ISOC
the perpetual, irrevocable right, on behalf of IASA and IETF, to use,
display, distribute, reproduce, modify and create derivatives of such Data.
ISOC will permit IASA and its designee(s) to have sole control and
custodianship of such Data, and ISOC will not utilize or access such
Data in connection with any ISOC function other than IETF without
the written consent of the IAD.
(B) If an IASA Contract provides for the creation, development or
modification of any software (including, without limitation, any
search tools, indexing tools and the like) ("Developed Software")
then the IAD shall, whenever reasonable and practical, ensure
that such contract either (a) grants ownership of such Developed
Software to ISOC, or (b) grants ISOC a perpetual, irrevocable
right, on behalf of IASA and IETF, to use, display, distribute,
reproduce, modify and create derivatives of such Software
(including, without limitation, pursuant to an open source style
license). It is preferred that Developed Software be provided and
licensed for IASA and IETF use in source code form.
ISOC will permit IASA and its designee(s) to have sole control and
custodianship of such Developed Software, and ISOC
will not utilize or access such Developed Software in
connection with any ISOC function other than IETF without
the written consent of the IAD. The foregoing rights are not required
in the case of off-the-shelf or other commercially-available software
that is not developed at the expense of ISOC.
(C) If an IASA Contract relates to the licensing of third party software,
the IAD shall ensure that such license expressly permits use of such
software for and on behalf of IASA and/or IETF, as applicable, and
that such license is transferable in accordance with the provisions of
Section 7 (Removability).
In addition, the principle stated in 2.2(7) should be expanded to
include software, as well as data.
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My biggest problem with this is size..........
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