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Perhaps clarify: #825 - IASA responsibilities regarding IPR

2005-01-31 05:14:51
Based on some offline conversations, I've concluded that perhaps Bob Kahn's message highlighted a point about the current (-05) language about IPR handling: It is a little implicit.

The current text says:

3. Structure of the IASA

  The IASA is responsible for undertaking any and all required actions
  that involve trademarks on behalf of the IETF.

3.1 IAD responsibilities

  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.
.....
  The IAD and IAOC are responsible for making all business decisions
  regarding the IASA.

And in section 7 paragraph on "Removability":

     To the extent allowed by law, any balance in the IASA accounts,
     any IETF-specific intellectual property rights, and any
     IETF-specific data and tools shall also transition to the new
     entity.

I believe that these paragraphs paint a clear picture: The IETF wants the IASA entity to be its manager for IPR.

But still - it is worth being perfectly clear here.
I suggest we change the text in section 3 from:

  The IASA is responsible for undertaking any and all required actions
  that involve trademarks on behalf of the IETF.

to:

  The IASA is responsible for managing all IPR, including but not
  limited to trademarks, domain names, and copyrights, that belongs
  to the IETF. It is responsible for undertaking any and
  all required actions on behalf of the IETF to obtain, protect and
  manage the rights that the IETF needs to carry out its work.

I'm sure Jorge could phrase it better..... but I think the meaning
is clear.

                  Harald






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