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Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-04 22:49:49

In message 
<CAKe6YvN8oTov0FvUtrnR=U092E7KJECyb1+-mECmvp5QKdjh4g(_at_)mail(_dot_)gmail(_dot_)com>,
 Vinayak Hegde writes:
On Wed, Sep 5, 2012 at 3:49 AM, John Levine <johnl(_at_)taugh(_dot_)com> 
wrote:
This discussion of DMCA is useful to me as a non-US resident.

Are we sure that the boilerplate included in I-Ds does not constitute a
statement by the authors that they have not, as far as they are aware,
infringed any copyright? In other words, isn't the boilerplate a
pre-emptive counternotice?

It's not, and even if it were, would you want to find out
retroactively that you've agreed to pay the IETF's legal expenses if
someone sues about an I-D you posted?.  For more information, please
see this link in the message you just sent.

(http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limita$

I agree with Elliott that we need a reasonable DMCA policy, keeping in
mind that it's pretty rare for a document, particularly a non-archival
one, to be worth the hassle of fighting a DMCA notice.  Fighting the
TZ takedown was absolutely worth it, but it was unusual in the
material attacked was of high value, and the basis for the notice was
unusually bogus.  Even so, someone had to pay for lawyers to prepare
the briefs and appear in court, and I wouldn't want the IETF to
promise to do that casually.

Also it might be useful for the submitter to sign (rather tick a
tickbox/radio button) an indemnification clause for the IETF before
submitting an I-D.

We may as well close up shop if we have to start doing that.

Mark
-- 
Mark Andrews, ISC
1 Seymour St., Dundas Valley, NSW 2117, Australia
PHONE: +61 2 9871 4742                 INTERNET: marka(_at_)isc(_dot_)org

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