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Re: Proposed Update to Note Well

2012-06-22 09:45:59
On 6.22.2012 07:14 , "Peter Saint-Andre" <stpeter(_at_)stpeter(_dot_)im> wrote:



   Anything that you write, say, or discuss in the IETF, formally or
   informally, either at an IETF meeting or in another IETF venue
   such as a mailing list, is an IETF contribution.  If you believe that
   any contribution of yours is covered by a patent or patent
   application made by you or your employer, you must disclose
   that fact or arrange for your employer to disclose it on your behalf.


s/made by you or your employer/controlled by you or your employer/

And I would remove "on your behalf", as it a) adds to the word count, and
b) could be viewed as a requirement to fill in the section III of the
disclosure form--something that is neither common practice nor, IMO, overly
useful.

Stephan

On 6/21/12 9:50 PM, Noel Chiappa wrote:
    > From: Peter Saint-Andre <stpeter(_at_)stpeter(_dot_)im>

    > With all due respect, that sentence could be improved.

Agree with others; splitting it up into two simpler sentences is an
improvement.

A tweak, though (you lost something in the second sentence):

   Anything that you write, say, or discuss in the IETF, formally or
informally,
   either at an IETF meeting, or in another IETF venue, such as a
mailing
   list, is an IETF contribution. If any contribution of yours is
covered by
   a patent or patent application made by you or your employer, you or
they
   must disclose that.

The original allowed the employer to make the disclosure (since, after
all,
the employee may not know of all patent filings), and also had a
positive
requirement to make such a disclosure; this revised one brings all that
back.

At the risk of starting a long thread about "we all contribute as
individuals", I'll note that traditionally the IPR rules have applied to
real people, not corporations. It's not the employee's responsibility to
know of all patent filings, and our IPR rules don't make that
assumption; we say only that if you have such knowledge and you make a
contribution that is based on such knowledge, you need to disclose the
IPR. If you don't want to disclose, you don't need to make a
contribution. I suppose it is fine to say "you or they need to disclose
it", but leaving it up to the faceless "they" might give individuals the
idea that this is all about corporations and not about each of us as
individual participants at the IETF. And somehow we also lost the point
about "you know" or "you believe" along the way. Thus I'd be more
happier with something like this:

  Anything that you write, say, or discuss in the IETF, formally or
  informally, either at an IETF meeting or in another IETF venue
  such as a mailing list, is an IETF contribution.  If you believe that
  any contribution of yours is covered by a patent or patent
  application made by you or your employer, you must disclose
  that fact or arrange for your employer to disclose it on your behalf.

Peter

-- 
Peter Saint-Andre
https://stpeter.im/