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

2008-12-15 18:11:58

On Dec 15, 2008, at 5:14 AM, Simon Josefsson wrote:

"AJ Jaghori" <ciscoworkz(_at_)gmail(_dot_)com> writes:

Modifying an author's original work without specified permission;
regardless of new findings, constitutes a copyright infringement.

Sure, but the old RFC copyright license (e.g., RFC 2026 and RFC 3978)
gave IETF participants the necessary rights to allow modifications of
earlier IETF work within the IETF standard process.  The new one
doesn't, and the consequences of that situation is what's discussed.


My understanding (IANAL and other warning apply) is that the new
license does do this, inside the IETF. It's grants to other organizations which is the issue.

Regards
Marshall


/Simon





On 12/13/08, Christian Huitema <huitema(_at_)windows(_dot_)microsoft(_dot_)com> 
wrote:
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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