[also "RE: where to send RFC 5378 license form"]
To: IETF TRUST
I have signed and faxed a copy of the "IETF Documents Non-Exclusive License"
to +1-703-326-9881. Not that my technical contributions actually matter, but
perhaps someone here will someday want to copy or create derivative works of
my words here.
As far as I can tell, if everyone here who ever contributed to an IETF
document signs these forms, then you can treat the arguments I've made here
about not needing copyright for industry standards as hypothetical and moot.
Having a very permissive copyright license to rely on is better than not
having one, even if (as I argue) in many cases a copyright license isn't
necessary in order to create a copy or derivative work of a functional
specification!
I further want to comment that, as far as I can tell, it may not even be
necessary to get *everyone* to sign. Here's the reason: Most RFCs are joint
works. Quoting (FWIW) from my own book on the subject of licensing:
"In the United States, unless they agree otherwise, each of the joint
authors may separately license a joint work--and all of its parts--without
the consent of any of the other joint authors, and every author must account
to the other authors for their share of the profits derived from the
license. Consult local law to determine whether one owner of a joint work
may license without the consent of the others or must account to the others
for his or her licensing revenue."
Given that IETF is non-profit, there almost certainly won't be profits here
to share.
I'd appreciate hearing back from any lawyers on this list, particularly
outside the U.S., whether having *most IETF contributors (and their
employers!)* sign this form would, for all practical purposes, solve the
problem reported here and let us get on with our lives writing and updating
industry standards however we wish? Fortunately for us, if the living sign
we may not need the permission of deceased contributors after all, at least
for joint works.
I can't imagine that anyone fully committed to the "culture" of IETF would
refuse to sign such a license now, or as a way of reaffirming his or her
past commitment. I can't imagine anyone--particularly the companies
participating in IETF--who would resist signing such a license as a
precondition to participation in IETF standards-setting proceedings. But
maybe I'm wrong?
/Larry
Lawrence Rosen
Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com)
3001 King Ranch Road, Ukiah, CA 95482
707-485-1242 * cell: 707-478-8932 * fax: 707-485-1243
Skype: LawrenceRosen
Author of "Open Source Licensing: Software Freedom and
Intellectual Property Law" (Prentice Hall 2004)
-----Original Message-----
From: ietf-bounces(_at_)ietf(_dot_)org
[mailto:ietf-bounces(_at_)ietf(_dot_)org] On Behalf Of
John C Klensin
Sent: Thursday, December 18, 2008 3:51 PM
To: Contreras, Jorge; Randy Presuhn; IETF Discussion
Subject: RE: where to send RFC 5378 license forms
--On Thursday, 18 December, 2008 17:37 -0500 "Contreras, Jorge"
<Jorge(_dot_)Contreras(_at_)wilmerhale(_dot_)com> wrote:
As a slightly harder example: what is the set of names
required to cover
all the boilerplate text that goes into an RFC containing a
MIB module?
See above. In addition, MIB modules were licensed broadly
under RFC 3978, so they are less problematic than non-code
text.
Maybe I still don't fully understand what 5398 does, but, while
that broad licensing of MIB modules presumably permits the IETF
(and others) to work with them, it doesn't imply the transfers
to the Trust, and ability of the Trust to relicense, required by
5398, does it? And, if not, the broad licensing of MIB modules
doesn't help a new author of a document that incorporates a MIB
module make the assertions that 5398 requires, does it?
If the answer is "no", then such an author would still have to
go back to the original Contributor(s) of the MIB module and
persuade them to generate the new license, just as he or she
would with any other older contributed text. Right?
john
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