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RE: [Trustees] Last Call for Comments: Proposed work-around to thePre-5378 Problem

2009-02-08 17:24:57
Sorry for jumping into this thread late, but I would recommend leaving
6.c and 6.c.iii as proposed in the TLP draft that was circulated.

6.c.iii

OLD:

iii. If a Contribution includes Pre-5378 Material and the
 Contributor does not wish to allow modifications of such Pre-5378
 Material to be made outside the IETF Standards Process:

"does not wish" is not right. The issue is that the current author of
the document is unable (for whatever reason) to make assertions about
the pre-5378 material.

I think "does not wish" is right, as it gives the new Contributor
maximum flexibility in withholding the right to make non-IETF derivative
works if his Contribution includes pre-5378 Material.  I don't see any
of the proposed changes making this clearer or better.  

PROPOSED

iii. If a Contribution includes Pre-5378 Material for which the
    Contributor of the pre-5378 material has not or may not have
    granted the necessary permissions to the IETF Trust to allow
    modifications of such Pre-5378 Material to be made outside the
    IETF Standards Process:

This language seems unnecessarily dense, and since it includes "may
not", it has the same effect as "does not wish", doesn't it?  In other
words, if a Contribution includes pre-5378 Material, the (new)
Contributor should have the absolute discretion whether or not to
withhold the derivatives right and should not have to make any kind of
legal determination whether or not the old Contributor has granted
necessary permissions.

6.c

OLD

c. Derivative Works and Publication Limitations.  If a Contributor
desires to limit the right to make modifications and derivative
works of an IETF Contribution, or to limit its publication, one of
the following notices must be included.

PROPOSED
      c. Derivative Works and Publication Limitations.  If a
      Contributor desires to limit its publication, or the
      Contribution includes pre-5378 Material that limits the right
      to make modifications and derivative works of an IETF
      Contribution, one of the following notices must be included.
      The notices set forth in clauses (i) and (ii) below may not be
      used with any standards-track document, nor with most working
      group documents.

Same issue (other than the problem that there is no antecedent to the
pronoun "its" in line 2).  Using "that limits" in line 3 implies that
the new Contributor must make a legal determination about the rights in
pre-5378 Material, which I do not think is the desired approach.

-----Original Message-----
From: trustees-bounces(_at_)ietf(_dot_)org 
[mailto:trustees-bounces(_at_)ietf(_dot_)org] On Behalf Of Thomas Narten
Sent: Friday, February 06, 2009 2:02 PM
To: Ray Pelletier
Cc: Trustees; wgchairs(_at_)ietf(_dot_)org; ietf(_at_)ietf(_dot_)org; 
iab(_at_)iab(_dot_)org; 
iesg(_at_)ietf(_dot_)org; rfc-editor(_at_)rfc-editor(_dot_)org
Subject: Re: [Trustees] Last Call for Comments: Proposed 
work-around to thePre-5378 Problem

Ray,

NEW:

   iii. If a Contribution includes Pre-5378 Material and the
   Contributor is unable (for whatever reason) to obtain the
   necessary permissions to allow modifications of such Pre-5378
   Material to be made outside the IETF Standards Process:

The language suggests a tasking to obtain 5378 licenses from
contributors of pre-5378 material.  I think that is something we
want to avoid.  I think the following language obtains the same
results but with less stress on the participants.

I agree, but that might also be seen to be getting closer to
overruling what RFC 5378 says, something that I understand to be out
of scope.

iii. If a Contribution includes Pre-5378 Material for which the
    Contributor of the pre-5378 material has not or may not have
    granted the necessary permissions to the IETF Trust to allow
    modifications of such Pre-5378 Material to be made outside the
    IETF Standards Process:

IMO, this is improved wording I support it.

Thanks,
Thomas
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