I want to propose placing some very specific language into the IETF IPR
PROCESS, meaning there needs to be something like the following added to
BCP78 and the Copyright Boilerplate.
Also we need to start tracking the original copyright dates and the
updated changed protocol copyright dates because they have legal
implications.
Here is my proposed text additions; This is actually much more serious
now that the timestamp litigation is complete and IETF lost - both
Settlements were formally affirmed as fully enforceable in their
existing state meaning they now control all uses of US6370629 and
US6393126 in any IETF protocol. The thing they do is make it impossible
to apply anything but California Law to their use without a formal
release from the Settlement partners. It means RFC3161 timestamping in
say Austria is in fact controlled by California law and the treaties
make this air-tight. But that is just the tip of the iceberg.
So... this is my proposal for changing the existing release info. The
thing I propose is really strong language making it the ADOPTING PARTIES
resoponsibility to ensure they dont have license-based code restrictions
in their products.
THE IETF REQUIRES ANY PARTY USING ITS PROTOCOL TEMPLATES (ITS RFC AND
I-D DOCUMENTS) TO OBTAIN RELEASES FORMALLY FROM ALL PARTIES WITH
LEGITIMATE IPR NOTICES AND ANY THIRD PARTIES CONTROLLING INTELLECTUAL
PROPERTIES CONTAINED INSIDE IETF STANDARDS OR NETWORK PROTOCOL DESIGNS.
THE IETF CANNOT AND DOES NOT PROVIDE ANY FORMAL OR IMPLIED RELEASE FOR
ANY PRODUCTION USE OF ANY PARTIES INTELLECTUAL PROPERTIES AND USE OF
IETF PROTOCOLS WITH PROPRIETARY INCLUSIONS MAY HAVE SIGNIFICANT
FINANCIAL IMPLICATIONS FOR BOTH PARTIES PRODUCING PRODUCTS AS SUCH AND
THEIR END-USER CLIENTS OR RESELLER/DISTRIBUTORS. IETF FORMALLY DECRIES
AND DENIES ANY RESPONSIBILITY FOR THIRD PARTY USE IN ANY FORM OF ITS
NETWORK STANDARDS.
--
Regards,
Todd Glassey
Standard Confidentiality Provisions and Disclaimer Provisions apply;This
message, along with any attachments, is intended solely for the recipient and
is considered confidential information and may well be legally privileged. If
you are not the intended recipient, please notify us immediately by reply
e-mail and then delete this message from your system. Thank you for your
cooperation. This message, along with any attachments, is intended solely for
the recipient and is considered confidential information and may well be
legally privileged. If you are not the intended recipient, please notify us
immediately by reply e-mail and then delete this message from your system.
Thank you for your attention and cooperation.