"Lucy E. Lynch" <llynch(_at_)darkwing(_dot_)uoregon(_dot_)edu> writes:
On Thu, 8 Dec 2005, Simon Josefsson wrote:
Sam Hartman <hartmans-ietf(_at_)mit(_dot_)edu> writes:
"Simon" == Simon Josefsson <jas(_at_)extundo(_dot_)com> writes:
Simon> Harald Tveit Alvestrand <harald(_at_)alvestrand(_dot_)no>
writes:
>> --On tirsdag, desember 06, 2005 13:07:50 +0100 Simon Josefsson
>> <jas(_at_)extundo(_dot_)com> wrote:
>>
>>> I'd feel more comfortable if the outbounds right issue was
>>> settled, before all IPR is signed away to some external body
>>> that, to me, it seem unclear whether the IETF has total
>>> control over.
>> Remember that it's signed away FROM bodies that the IETF has
>> NO control over.
Simon> My point was that before drafting what conditions the IETF
Simon> Trust should operate under, we should know what kind of
Simon> permissions we want the IETF Trust to be able to grant.
I think it is sufficient the trust be able to operate under any set of
outbound rights we come up with.
That won't be possible, given the current (and even the updated) IETF
Trust agreement.
The IETF may decide that third parties should be given rights to all
contributions, not only to RFCs/I-Ds.
Currently, the IETF Trust would be unable to comply to such a wish
from the IETF, because the Trust agreement prevent them from doing so.
explain please, I don't understand this.
The new section 9.5 would appear to read: (I note that it would be
useful to continuously update to actual document so we can quote it,
rather than relying in various e-mails updating portions of the
document)
The Trust (acting through the Trustees) shall have the right to
grant licenses for the use of the Trust Assets on such terms,
subject to Section 7.1, as the Trustees deem appropriate; provided,
however, that the Trust shall not grant any license that would be
deemed a transfer of ownership or abandonment of any Trust Assets
under applicable law. Specifically, any license granted by the
--------------------------
Trust for the use of the Trust Assets consisting of IPR other than
-----
rights in IETF standards-related documents (such as RFCs, Internet
Drafts and the like) that have been acquired by the Trust through
non-exclusive licenses granted by their contributors pursuant to the
IETF community-approved procedures currently set forth in RFC 3978,
and any community-approved updates and revisions thereto, shall
include provisions stating that (a) the licensee agrees to grant and
------------------------------------
assign to the Trust all right, title, and interest it may have or
-----------------------------------------------------------------
claim in any derivative works of licensee that are based on or
--------------------------------------------------------------
incorporate the IPR, and (b) the licensee's use of the IPR and any
--------------------
goodwill associated therewith shall inure to the benefit of the
Trust."
The marked sentence imply that not all IPR held by the IETF Trust can
be licensed away to third parties without requiring them to give up
all rights to derivative works.
As far as I see, the IETF community may decide that granting someone
the right to IETF IPR, without granting back the rights to derivative
works, in some cases. With the current text, the IETF Trust would be
unable to comply with that IETF community decision.
Straw man?
The Trust (acting through the Trustees) shall have the right to
grant licenses for the use of the Trust Assets on such terms,
subject to Section 7.1, as the Trustees deem appropriate; provided,
however, that the Trust shall not grant any license that would be
deemed a transfer of ownership or abandonment of any Trust Assets
under applicable law.
In other words, remove everything after "Specifically". The
restrictions in the current text limit what the IETF Trust can legally
do.
If the IETF decide that third parties should be given some rights to
IETF IPR, the IETF Trust should be able to comply with that decision.
To me, it doesn't seem like it would be able to, given the current
text.
Thanks,
Simon
Thanks,
Simon
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