On Thu, 8 Dec 2005, Simon Josefsson wrote:
<snip>
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)
Updated - see:
http://koi.uoregon.edu/~iaoc/docs/IETF-Trust-12-08-05.pdf
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.
Simon -
Please see Sec. 5.2 - I believe that IPR that transfers into the IETF
Trust at closing should all fall under the terms of the current Sec.
9.5 as re-written and if any future contributors wish to add gating
conditions to their own (non standards related) IRP, they may want to
License those items TO the IETF Trust with appropriate provisions for
downstream rights rather than contribute them out-right if derivative
rights are a major concern.
- regards
lel
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