Jorge Contreras wrote:
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.
Hi Jorge,
Once again the standards world surprises me. I thought that IETF
RFCs--indeed any standards specifications developed by groups of cooperating
engineers--are inherently joint works. The notion that a single person
writes and owns the words he himself puts into a specification is very odd.
Is that notion a part of IETF culture?
It is true that the best evidence of a joint work is a contract between the
joint authors declaring it to be so, and that otherwise a collective work is
generally assumed. What we lack are those contracts from the early days,
which is why the new form we're now signing is so good going forward. But
even in the past, in the case of IETF RFCs, weren't IETF contributors
expected to be active participants in joint creativity and inventiveness?
Could anyone here realistically deny that his or her IETF efforts were
joint?
Best regards,
/Larry
-----Original Message-----
From: Contreras, Jorge
[mailto:Jorge(_dot_)Contreras(_at_)wilmerhale(_dot_)com]
Sent: Friday, December 19, 2008 11:28 AM
To: lrosen(_at_)rosenlaw(_dot_)com; IETF discussion list
Subject: RE: IPR Questions Raised by Sam Hartman at the IETF 73 Plenarys
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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