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Re: Legal review results 1: Intellectual property

2005-01-21 09:05:26
 Date: 2005-01-21 09:40
 From: Harald Tveit Alvestrand <harald(_at_)alvestrand(_dot_)no>
 
In this and a few later messages, I'm relaying comments from Jorge 
Contreras, the IETF's pro bono legal counsel.
------------------------------------------------------------
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)
[...]
   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)
[...]
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.

Verbosity aside, I don't believe that "sole control and custodianship"
applies to open source software. I am not a lawyer, but the "Old text"
seems not only more easily comprehended [I am reminded of Jonathan
Swift's satirical look at lawyers in Gulliver's Travels, and dismayed
that things haven't improved in 275 years] but seems to be considerably
more favorable to open source software than the proposed "new text";
the latter appears to be heavily biased towards commercial software.

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