ietf
[Top] [All Lists]

RE: Last Call: <draft-bradner-rfc3979bis-10.txt> (Intellectual Property Rights in IETF Technology) to Best Current Practice

2017-01-26 14:53:20
Thanks.  Didn't see it in the diff.  But my question remains.  Why is IESG 
making this presumption?

-----Original Message-----
From: Scott O. Bradner [mailto:sob(_at_)sobco(_dot_)com] 
Sent: Thursday, January 26, 2017 12:42 PM
To: David Rudin (CELA) <David(_dot_)Rudin(_at_)microsoft(_dot_)com>
Cc: Jari Arkko <jari(_dot_)arkko(_at_)piuha(_dot_)net>; 
ietf(_at_)ietf(_dot_)org; draft-bradner-rfc3979bis(_at_)ietf(_dot_)org
Subject: Re: Last Call: <draft-bradner-rfc3979bis-10.txt> (Intellectual 
Property Rights in IETF Technology) to Best Current Practice

this is not new - see RFC 3979 section 4.1

Scott

On Jan 26, 2017, at 3:15 PM, David Rudin (CELA) 
<David(_dot_)Rudin(_at_)microsoft(_dot_)com> wrote:

I'd like to better understand the reasoning behind the changes in 4(D).  
Previously, the IESG did not make any determination regarding whether terms 
were reasonable and non-discriminatory.  The new text in that section now 
includes:

"If the two unrelated implementations of the specification that are required 
to advance from Proposed Standard to Standard have been produced by different 
organizations or individuals, or if the "significant implementation and 
successful operational experience" required to advance from Proposed Standard 
to Standard has been achieved, the IESG will presume that the terms are 
reasonable and to some degree non-discriminatory. Note that this also applies 
to the case where multiple implementers have concluded that no licensing is 
required."

It's not clear to me what IETF gains by making this presumption, especially 
given that the availability of two or more implementations does not mean that 
the implementers did any patent due diligence or licensing around the 
implementation.  It does, however, potentially expose IESG to risks in the 
event of patent litigation if implementers are basing their decisions on 
IESG's presumption.

David

-----Original Message-----
From: ietf [mailto:ietf-bounces(_at_)ietf(_dot_)org] On Behalf Of Jari Arkko
Sent: Wednesday, January 18, 2017 6:52 AM
To: ietf(_at_)ietf(_dot_)org
Cc: draft-bradner-rfc3979bis(_at_)ietf(_dot_)org
Subject: Re: Last Call: <draft-bradner-rfc3979bis-10.txt> 
(Intellectual Property Rights in IETF Technology) to Best Current 
Practice

You've seen the last call message come through, but as the AD responsible for 
this document, I wanted to follow-up with a description of where I think we 
are with the document.

This document went through a last call process in spring 2016, with a fair 
number of comments. We've taken the feedback in, and being less busy with the 
transition work that was undergoing last summer, have returned with a new 
document that we believe addresses those issues. The changes are substantial 
enough though that we think that a new last call is necessary.

Note that given some textual reorganisation, the document is difficult to 
compare to the original RFC. There is a changes section, but having a more 
detailed listing would be beneficial.
We have promised to provide this detailed section, and will do so within a 
week from now.

The spring 2016 comments have been listed in

https://www.ietf.org/mail-archive/web/ietf/current/msg100236.html

along with some tentative solutions that were given for the editors. With 
some further discussion, I'm listing the main changes to the document from 
the previous last call below:

* Stephen Farrell's concern re: remote vs. in-person attendees  was 
resolved without text changes (Jari's mail on March 22)

* Russ Housley's concern re: "IETF sanctioned" was resolved  per 
Brian's and Harald's suggestions (Brian's mail on March 26).

* Russ Housley's concern re: changes from the previous RFC  section is 
valid (Russ's mail on March 25), and we will be acting  on that as 
explained above.

* Gonzalo Camarillo's concern re: ADs being assumed to read  all 
documents in their area seemed valid and was fixed.

 We think that is incorrect if the future BCP on this topic explicitly  
rules everything in the area to be something where the AD  
participates in, even if he or she might not even be the AD  for the 
group in question.

 We used a variation Spencer's wording (Spencer's mail on  March 30).

 OLD:
 Without limiting the generality of the foregoing, acting as a  
working group chair or Area Director constitutes "Participating"
 in all activities of the relevant working group or area.
 NEW:
 Without limiting the generality of the foregoing, acting as a  
working group chair or Area Director constitutes "Participating"
 in all activities of the relevant working group or working groups  he 
or she is responsible for in an area.

* A follow-up to Gonzalo's concern was raised later in the  discussion 
re: ADs often seeing the materials late in the process.
 There seemed to be support for adding this to the document, which  we 
have done:

 NEW:
 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.

* Alissa Cooper's editorial comments from her mail on April 1  were 
acted up, except the first issue which was follow-up to  Gonzalo's 
issue.

* There was some discussion of including the IRTF in the document
  in the same go, but the authors and the AD came to the
  conclusion that it introduces too many dependencies.

  Also, worth discussing during the last call, is that the new document
  refers to stream managers that have not really been well defined
  elsewhere.

* Pete Resnick suggested to put back in the three principles to  
Section 2 that were deleted from the previous RFC (April 11).
 We've done so; we should only make substantive changes  to the 
original RFC when there's clear consensus to do so.

* Pete Resnick suggested to put back the material from  RFC 3979 
Section 4.1 that were deleted from the  previous RFC (April 11), which 
we've also done.

* Note that Pete Resnick had a concern on forcing people to  document 
applicability to the contribution 5.4.2 (April 11). This may  require 
further discussion, although I personally am inclined to agree  with 
Pete. I had posted a response on April 25, for which there  was no 
other response. Needs further discussion during 2nd last call.

* Pete Resnick had a concern on adding the word "all" to Section 7  
(April 11). This was an oversight, and has been corrected.

* Section 7 has been amended to be clear that its latter part is for  
information only.

The changes to spring 2016 version of the I-D can be seen here:
https://www.ietf.org/rfcdiff?url1=draft-bradner-rfc3979bis-08&url2=dra
ft-bradner-rfc3979bis-10

Jari Arkko, sponsoring AD for draft-bradner-rfc3979bis



<Prev in Thread] Current Thread [Next in Thread>