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RE: Third party disclosures and NDAs (Re: Problem with new Note Well )

2014-01-28 10:27:20
I do want to be clear - I am not currently facing this situation and I haven't 
yet faced this situation, but I fear that as a consultant (in the future when 
this current job ends) I may face this.  I want to understand my options as I 
would like to continue my participation and affiliation with the IETF.

   Geoff


Geoff Mulligan | Presidential Innovation Fellow | Cyber Physical Systems | 
301.975.6283
    
________________________________________
From: Scott Brim <scott(_dot_)brim(_at_)gmail(_dot_)com>
Sent: Monday, January 27, 2014 11:06 AM
To: Jari Arkko
Cc: Mulligan, Geoff; IETF WG Chairs; ietf(_at_)ietf(_dot_)org Mailing List
Subject: Re: Third party disclosures and NDAs (Re: Problem with new Note Well )

On Mon, Jan 27, 2014 at 11:02 AM, Jari Arkko 
<jari(_dot_)arkko(_at_)piuha(_dot_)net> wrote:
Starting a separate thread, because this is not related to the original 
complaint about inaccurate new note well text.

  Maybe this is a potential rat-hole - I don't know - but what if:
    -  I'm working as a consultant and attending the IETF representing myself
    -  I know of IPR in someone else's contribution
    -  I'm participating in the discussion
    -  I'm under an NDA with that company that covers their IPR

That is a rat-^H^H^H^Hhard problem. Something has to give. You can't 
simultaneously follow two incompatible sets of rules. If you end up in that 
situation and can't convince parties to disclose, maybe "participating in the 
discussion" has to give. Of course this is a specific example of things that 
can happen in people's lives in other ways, too. Two consulting contracts 
that have incompatible requirements. Board position and a job that creates a 
conflict interest for you to be in the board. And so on.

Jari

Right. IMHO if you haven't anticipated this situation you would do
best to shut up until you talk to your lawyers. However, thankfully,
you have learned that you need to anticipate the problem and you can
talk to them before the problem arises.

Scott

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