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RE: Legal review results 1: Intellectual property (fwd)

2005-01-26 07:01:04
This doesn't seem to have made it to the list...


---------- Forwarded Message ----------
Date: mandag, januar 24, 2005 15:53:48 -0500
From: "Contreras, Jorge" <Jorge(_dot_)Contreras(_at_)wilmerhale(_dot_)com>
To: Brian E Carpenter <brc(_at_)zurich(_dot_)ibm(_dot_)com>, Harald Tveit Alvestrand <harald(_at_)alvestrand(_dot_)no>
Cc: ietf(_at_)ietf(_dot_)org
Subject: RE: Legal review results 1: Intellectual property

If we assume that the IETF will never be interested in preventing others
from using its software, we can remove the stuff that says ".. and ISOC
will not utilize or access..... without the written consent of the IAD".
Jorge - see any problems with removing this?

JLC> No problem.

We should perhaps ask Jorge to modify his words to ensure that they don't
preclude IASA from using or contributing to open source software

JLC> I had tried to ensure this, but if there's something that seems
to be a problem I'm all for fixing it!

By the way, this language related primarily to IASA's rights
in software developed for it by someone else, and didn't really
have much to do with software developed by IASA itself.  IASA/IETF
is completely free to contribute to open source projects with software
developed by IASA personnel, to the extent that there are any.

-----Original Message-----
From: Brian E Carpenter [mailto:brc(_at_)zurich(_dot_)ibm(_dot_)com]
Sent: Monday, January 24, 2005 9:34 AM
To: Harald Tveit Alvestrand
Cc: ietf(_at_)ietf(_dot_)org; Contreras, Jorge
Subject: Re: Legal review results 1: Intellectual property


Harald Tveit Alvestrand wrote:
(explicit CC to Jorge, since I'm interpreting his words)

--On fredag, januar 21, 2005 10:49:21 -0500 Bruce Lilly
<blilly(_at_)erols(_dot_)com> wrote:

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.


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).


If we assume that the IETF will never be interested in preventing others
from using its software, we can remove the stuff that says ".. and ISOC
will not utilize or access..... without the written consent of the IAD".
Jorge - see any problems with removing this?

The "IASA and its designee(s)" says that IASA, not ISOC, decides to give
others permission to use it - ISOC can't give orders to IASA to limit it.


We should perhaps ask Jorge to modify his words to ensure that they don't
preclude IASA from using or contributing to open source software.

   Brian



---------- End Forwarded Message ----------





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