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RE: Last Call on draft-bradner-rfc3979bis-08.txt ("Intellectual Property Rights in IETF Technology")

2016-04-04 19:31:09
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


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