We all have the best interests of the community in mind, but invariably, the
individual views and objectives of the members of a diverse organization may
not always align. Hence this civil and respectful dialogue has been helpful in
understanding the various positions of the participants (lower "p"!). The
position that I have taken is that the community is best served when the ADs
and WG chairs are provided certainty when doing their jobs. While it is good
to have guideposts (Do the right thing), ultimately they have to have easy to
understand rules. That being said, I would continue to propose the removal of
the words "reasonably and" from 5.1.2 to conform it to the consensus that one
need not undertake an IP search prior to acting on a Contribution. Also,
because no-one should be expected to predict the outcome of the uncertain
patent prosecution process, the phrase "may ultimately Cover that Contribution"
should be deleted in Section 5.1.2.
Thus, I would propose Section 5.1.2 be amended as follows:
If an individual Participates relative to a written Contribution (other than a
Contribution that is not intended to be used as an input into the IETF
Standards Process) made by another person and such Participant personally
knows of IPR meeting the conditions of Section 5.6 which the Participant
believes Covers, or which the Participant personally knows his or her employer
or sponsor may assert against Implementing Technologies based on such written
Contribution, then such Participant must make a disclosure in accordance with
this Section 5.
The changes to "Participating in an IETF discussion or activity" and
"Participating" are good:
k. Participating in an IETF discussion or activity": means making a
Contribution, as described above, or in any other way acting in order to
influence the outcome of a discussion relating to the IETF Standards Process.
Without limiting the generality of the foregoing, acting as a working group
chair constitutes "Participating" in all activities of the relevant working
group. "Participant" and "IETF Participant" mean any individual Participating
in an IETF discussion or activity. By the nature of their office, IETF area
directors may become aware of Contributions late in the process (for example at
IETF Last Call or during IESG review) and, therefore and in such cases, cannot
be expected to disclose any IPR Covering those Contributions until they become
aware of them.
Mike