Re: Legal review results 1: Intellectual property

>  Date: 2005-01-24 08:12
>  From: Harald Tveit Alvestrand <harald(_at_)alvestrand(_dot_)no>
>  To: ietf(_at_)ietf(_dot_)org
>  CC: Jorge Contreras <Jorge(_dot_)Contreras(_at_)wilmerhale(_dot_)com>
>  
> (explicit CC to Jorge, since I'm interpreting his words)
> On reading the text again, I think this text:
>
> > (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.
> actually is OK for making software free - that would come under the section 
> that says:
>
> > .... 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).
Several concerns with the specific text re. open source software:

1. "ISOC will permit IASA and its designee(s) to have sole control and
   custodianship of such Developed Software" seems inconsistent
   (in particular the word "sole") with the spirit of open source
   software.

2. "The foregoing rights are not required in the case of off-the-shelf
   or other commercially available software ..."  specifically seems
   to favor commercial software, but not open source software, by
   providing exemptions for commercial software.

3. It is not clear (to this non-lawyer) what the status of parenthetical
   remarks is -- I'd be more comfortable if the "including, without
   limitation, pursuant to an open source style license" were not
   parenthesized.

I think Brian Carpenter's suggestion for review and modification to
ensure that use of or contribution to open source software is not
precluded is a path forward.  To which I'd add that use of open
source software shouldn't be disadvantaged.

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