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RE: [Trustees] Objection to reworked para 6.d (Re: Rationale for Proposed TLP Revisions)

2009-07-20 14:20:54
 

-----Original Message-----
From: trustees-bounces(_at_)ietf(_dot_)org 
[mailto:trustees-bounces(_at_)ietf(_dot_)org] On Behalf Of Russ Housley
Sent: Monday, July 20, 2009 8:41 AM
To: ietf(_at_)ietf(_dot_)org
Cc: trustees(_at_)ietf(_dot_)org; wgchairs(_at_)ietf(_dot_)org; 
rfc-interest(_at_)rfc-editor(_dot_)org; iab(_at_)iab(_dot_)org; 
iesg(_at_)ietf(_dot_)org
Subject: Re: [Trustees] Objection to reworked para 6.d (Re: 
Rationale for Proposed TLP Revisions)

I think that the alternate text proposed by Harald meets the current 
need without constraining the future.

Russ

I also think that Harald's alternate language would work.  The sentence
in question was inserted to offer guidance to users of code, not to
comply with any specific legal requirement of the BSD License.  If
others think that Harald's formulation would be more helpful (and more
future-proof), then it is a reasonable approach to adopt.



Apologies for this being a month late.

From the rationale:
4.e -- this new section clarifies the legend requirements for Code
Components that are used in software under the BSD License. In 
short, the user must include the full BSD License text or a shorter
pointer  to it (which is set forth in Section 6.d)

Explanation:  The issue of the appropriate BSD License language to
include in Code
Components extracted from IETF documents has been discussed 
extensively
within the IESG.  The proposed TLP language is intended to 
be consistent
with the IESG's latest guidance language, and allows the 
user of IETF
Code to include either the full BSD license language (about 
15 lines of
text), or a short "pointer" to the BSD language (about 4 lines).
6.b -- a new sentence has been added to the legend that 
must be placed
on all IETF Documents, pointing out the BSD License requirements
described in 4.e above and emphasizing that code in IETF Documents
comes without any warranty, as described in the BSD License.


Explanation:  See 4.e above

The text added, which is intended to be placed on all IETF documents 
(internet-drafts and RFCs), is:

Code Components
extracted from this document must include BSD License text as 
described in Section 4.e of
the TLP and are provided without warranty as described in 
the BSD License.


I object to this change.

The reason is this:

- The RFCs are intended to be permanent (as in "forever").
- The purpose of the "incoming/outgoing split" was to make sure the 
Trust had the tools it needed to fix any errors made, or to respond 
to changed circumstances, by changing the rights granted 
under "outgoing".
- The BSD license is a specific license text, and there is no 
guarantee that there won't be new circumstances that warrant generic 
licensing under a different license in the future.

Thus, this change limits the ability of the Trust to respond to 
future changes; if it ever decides (as an example) to use the Apache 
License instead of the BSD license because some court has found the 
BSD text to be objectionable in some manner, this will lead to all 
documents published with this text to be misleading.

(As an example of changed circumstances - the Wikimedia Foundation 
just changed its licensing terms from GPL to a Creative Commons 
license - this required some fancy footwork to make it seem legal, 
even though a large majority of contributors agreed that it was the 
right thing to do. I don't want to see that kind of trouble 
in the IETF.)

If the text added instead read:

 Code Components extracted from this document must include 
license text
 as described in the TLP and are provided without warranty 
as described in
 the TLP license provisions

I would have no objection. This preserves the Trust's ability to 
change provisions.

                         Harald Alvestrand



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