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Re: Gen-ART LC Review of draft-eggert-successful-bar-bof-06

2011-09-09 08:02:11
-- Section 6 suggests side meetings should be (somehow "informally") covered
by NOTE WELL. I think this is a very dangerous suggestion. The rest of the
document suggests that a side meeting has no official standing. That seems to
me to mean it's no different than a group of people who coincidentally 
participate
in the IETF having a dinner or bar meeting on any subject at any time. Or a 
hallway
conversation, for that matter. By the logic of this section, I can't really 
figure out how
"informal" a meeting would need to be before it no longer fell under NOTE 
WELL.

This is truly a tricky point.  Often, organizers of these "bar BoFs"
make great effort to get an AD involved and attending, make it clear
that they're having this because their BoF proposal got in too late or
was denied, and/or talk about a proposed WG charter.  These side
meetings are often advertised during open area meetings and other
working-group sessions, and everyone is encouraged to attend.

In the first case, Note Well explicitly covers this ("The IESG, or any
member thereof on behalf of the IESG"); in the others, it does seem
like input to the IETF ("any statement made within the context of an
IETF activity"), if not unequivocally so, and it's certainly not
explicitly excluded ("Statements made outside of an IETF session,
mailing list or other function, that are clearly not intended to be
input to an IETF activity, group or function, are not IETF
Contributions in the context of this notice.")

I'd like to hear from Jorge on this, but my spider sense says that if
a meeting occurs during an IETF week, is open to all, and clearly
relates to current or proposed work for the IETF, the people who go
have a reasonable expectation of Note Well terms.

I think the best we can hope to do is suggest that side meeting organizers
and participants be explicit with their expectations on IPR and 
confidentiality,
so there is less chance for down-stream surprises.

I think that's an excellent approach.  May I suggest some text?:

OLD
   Thus, the fact that a Contribution is made at one of the side
   meetings or other "unofficial" or "semi-official" events described in
   this document does not change or limit the applicability of the
   IETF's IPR rules.  If you have a question regarding the applicability
   of the IETF IPR rules in any specific context or to any specific
   activity, you should consult your attorney or make an inquiry to the
   IESG.

   Informally, the above makes it appropriate, in order to provide a
   pointer to the relevant policies, to announce the "Note Well" text
   [NOTEWELL] in all such meetings.

NEW
   Thus, a Contribution that is made at one of the side
   meetings or other "unofficial" or "semi-official" events described in
   this document could still be under the applicability of the
   IETF's IPR rules.  If you have a question regarding the applicability
   of the IETF IPR rules in any specific context or to any specific
   activity, you should consult your attorney or make an inquiry to the
   IESG.

   If a meeting occurs during an IETF week, is open to all, and clearly
   relates to current or proposed work for the IETF, those who attend
   will have a reasonable expectation that the IETF's rules apply.
   The organizers of these meetings are, therefore, strongly encouraged
   to make an explicit statement at the beginning of the meetings to
   announce whether or not they do apply (by using the "Note Well" text
   [NOTEWELL]).  If they do not apply, the announcement should
   specify what confidentiality and IPR terms are in effect.  In the absence
   of such a statement, attendees are encouraged to explicitly ask.

--
Barry
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