On Feb 4, 2015, at 2:18 PM, Dave Cridland <dave(_at_)cridland(_dot_)net> wrote:
Any discussion outside of the IETF is outside the IETF, whether it's within a
group, or a list, or a pub on the corner, or whatever. The IETF surely cannot
impose its IPR rules to the world at large.
If the results of that discussion are later entered as a contribution to the
IETF, the IETF's IPR rules apply to the person contributing, not to the
originator.
If the list discussion needs to happen under the IETF rules, the list needs
to be formally an IETF one.
The IETF cannot insist that Hosnieh, whose mailing list this is, do anything in
particular, because it is not an IETF mailing list. However, Hosnieh can, if
she chooses, state that the list is covered by IETF Note Well rules, and can
ask all participants to read and agree to the Note Well before joining the list
and participating.
This is a good practice for avoiding IPR issues later on, should the work done
on the list turn into IETF work. But you are correct that there is no
requirement that this be done. Not required doesn't mean not a good idea.