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Re: Antitrust FAQ

2012-10-11 09:11:17
On 10/11/2012 12:34 AM, Brian E Carpenter wrote:
On 11/10/2012 05:01, Dave Crocker wrote:
...
The current language merely specifies presence at an IETF meeting as the
sole criterion.
It's behaviour at an IETF meeting that we are concerned about. Whether
it occurs in a session, in a corridor, in a private room, or electronically,
it would still violate anti-trust law afaik (ianal).

What is perhaps missing is a qualification like "except in private conversation
with fellow employees", in case that isn't obvious.

    Brian
And that would mean "any act or communication in furtherance of an IETF initiative". The problem you have here is the definition of a conspiracy under US Law - the left hand doesnt have to be in direct communication with the right hand here to be a quantifiable conspiracy.

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00923.htm

The fun part is that the obvious use of the US Copyright act to create a monopoly on the IETF IP brand is clearly the first step in documenting the "conspiracy" here. The issue then is one of disclosure to prevent antitrust - meaning everyone needs to fess up with regard to who's power-of-attorney as required by the BCPs they represent here before the IETF.

Todd  Glassey

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