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

2008-12-19 14:28:55

Larry - thank you for your contribution!
 
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."

The problem lies with collective works, rather than joint works.  In
some cases, the multiple authors of IETF documents have each made
distinct contributions (i.e., sections or distinct text) rather than
collaborating to produce joint text.  Unfortunately it is not possible,
in hindight, to determine whether works with multiple authors are joint
works or collective works.  
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