On Friday, January 21, 2005 15:42:32 +0100 Harald Tveit Alvestrand
<harald(_at_)alvestrand(_dot_)no> wrote:
From Jorge:
3. Legal Advice.
(Apologies if I sound biased about this one, but....)
Although the IAD and IASA have responsibility for negotiating and
approving all contracts relating to IETF, there is no indication that
they are expected or even encouraged to seek legal advice regarding these
contracts. Given the unclear language of some of the historical
IETF-related contracts, I think it would be advisable to set forth a
principle that the IAD should seek legal advice regarding any material
contract that he/she negotiates. This would exclude routine contracts
for things like office services, but should definitely apply to the
contracts with ISOC, IANA, ICANN, the RFC Editor, the conference
organizer (whether it's CNRI, Fortec, or somebody else), and any contract
that relates to the development of data, software or other IP.
Yes.
Moreover, I think that an express statement should be made that
the IAD/IASA should obtain "independent" legal advice. That is,
from legal counsel who are not ISOC's counsel. This will serve
to reinforce the independence of IETF from ISOC.
I don't see the need for this. Note that as part of ISOC, the IASA will
not be entering into contracts with ISOC (IANAL, but my understanding is
that there is no legal basis for an entity to contract with itself). Given
this, I not only don't see a reason to prohibit IASA from using legal
resources maintained by ISOC, I actually believe that should be encouraged.
-- Jeffrey T. Hutzelman (N3NHS) <jhutz+(_at_)cmu(_dot_)edu>
Sr. Research Systems Programmer
School of Computer Science - Research Computing Facility
Carnegie Mellon University - Pittsburgh, PA
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