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RE: IPR Questions Raised by Sam Hartman at the IETF 73 Plenary

2008-12-13 16:23:56
You can improve any technology you want, modulo IPR -- that's not the
point here.  The problem is taking existing copyrighted text and using
it as a base for describing your technology.

That's indeed the problem we stumbled upon years ago. Suppose that a 
contributor has written a complete description of technology X, getting it 
published as a 100 pages RFC. A remarkable feat, and a great contribution to 
the community. A few years letter, the working group realizes that they like 
the technology, but would like to change a couple options. That normally 
translates into changing a paragraph or two, resulting in a new RFC, more than 
90% identical to the previous one.

Suppose now that for whatever reasons, the original author disagrees with the 
changes, or with the new management of the working group, or with the new 
editor. People are human, these things do happen. IANAL, but my understanding 
at the time was that the original copyright still applied to the original text, 
and that the working group would be left with only bad options. They could 
issue a delta RFC that only contained the modifications, but that is somewhat 
confusing for the readers. Or they could undertake a complete rewriting of the 
standard, but that takes a long time and is also prone to errors and confusion.

This is very much why we got the statement on copyrights in RFC 1602, in 1996. 
You will notice that copyrights were only mentioned as something we might need 
to worry about later in the appendix of the previous rules, RFC 1310 published 
in 1992.

-- Christian Huitema


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