"Lucy E. Lynch" <llynch(_at_)darkwing(_dot_)uoregon(_dot_)edu> writes:
Updated - see:
http://koi.uoregon.edu/~iaoc/docs/IETF-Trust-12-08-05.pdf
Thanks!
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.
Section 5.2 is about IPR added after the Trust is signed, so I fail to
see its relevance. I'm talking about the IPR listed in "Schedule A"
in the document. Please reread my previous e-mail in that context.
To make things even more clear, here is the problem I see:
The IETF may later decide that, e.g., (excerpts of) records of past
IETF meetings should be licensed to a third party, a third party that
cannot grant the IETF Trust all rights to derivative works. The IETF
may understand the problem for the third party, but decide that it
furthers the goal of the IETF anyway, and that it wishes to grant that
third party rights to the data.
With the current section 9.5, this request from the IETF cannot be
approved by the IETF Trust.
Replace "records of past IETF meetings" with other items (except
RFC/I-D's) in Schedule A as you please. For example, mailing list
archives, web pages, IESG material, document processing history.
I agree with Sam that the Trust agreement should not prevent any set
of outbound rights that the IETF community may decide on.
Thanks,
Simon
_______________________________________________
Ietf mailing list
Ietf(_at_)ietf(_dot_)org
https://www1.ietf.org/mailman/listinfo/ietf