----- Original Message -----
From: "Theodore Tso" <tytso(_at_)mit(_dot_)edu>
To: "Tom.Petch" <sisyphus(_at_)dial(_dot_)pipex(_dot_)com>
Cc: "Simon Josefsson" <simon(_at_)josefsson(_dot_)org>;
<ietf(_at_)ietf(_dot_)org>
Sent: Wednesday, January 21, 2009 3:44 PM
Subject: Re: RFC 5378 "contributions"
So I wasn't on the IPR working group, but it seems to me that there
are two separable issues. There is the question of *which* license to
use for contributions (which might or might not vary based on type of
contribution, i.e., text vs. code),
To quote Harald quoting Counsel 15 Mar 07
"1 - The legal theory the IETF operates under is that people who contribute
to the IETF process know they are doing so.
....
2 - There is no legal requirement for ANY boilerplate to appear in a
contribution to the IETF. This includes internet-drafts."
so the boiler plate is there ... well, at the behest of the IETF Trust; it is
the contents
of the Note Wells and the referenced BCP that matter more.
and then there is the question of
whether we are sticking the entire legal liability and respponsibility
onto the I-D editors/authors to guarantee/warant that the entire
document can be released under the the new licensing requirements, and
that relates quite strongly to the transition issue.
and the BCP says
" By submission of a Contribution, each person actually submitting the
Contribution and each named co-Contributor is deemed to have read and
understood the rules and requirements set forth in this document."
which are (inter alia) to grant derivative rights; and also,
"With respect to each Contribution, each Contributor represents that,
to the best of his or her knowledge and ability:
a. The Contribution properly acknowledges all Contributors, including
Indirect Contributors."
so the way I see it, a Contribution (eg an I-D) should acknowledge all relevant
people, ensure all names are there. If that name is of a person within the IETF
process, then I think that grant may now be presumed. If not, then it must be
sought.
Was that second issue discussed by the IPR wg?
In terms of Contributions and Contributors, yes; it is Contributions and
Contributors that formed the taxa of the IPR WG (eg, 26 Nov 2007, 'issue #1515'
and around there, but especially Brian Carpenter's post to 'ISSUE Incoming
5.6'). Editors and authors, well they appeared, but I saw that as something of
an aberration.
Tom Petch
- Ted
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