Subject: [ietf-dkim] Copyright issues affecting current Internet-Drafts

From: Stephen Farrell <[email-masked]>
Date: Thu, 15 Jan 2009 09:36:05 +0000

Folks,

There are some issues with the new IPR policies outlined in
RFC 5378 that I would like to bring to your attention. Please
read through the writeups that other folks have provided and
make your own judgement. Discussion of this should take place
on the IETF list and not here.

Stephen.

>-----Original Message-----
>From: [email-masked] 
>[mailto:[email-masked]] On Behalf Of Dave Nelson
>Sent: 14 January, 2009 21:53
>To: [email-masked]
>Subject: Copyright issues affecting current Internet-Drafts
>
>The IETF Chair has requested that all Working Groups be 
>notified of an intellectual property rights / copyright 
>"brou-ha-ha" that is being currently discussed on the IETF 
>General Discussion List.
>
>As I understand it, there is a minor defect in RFC 5378, the 
>document that currently governs rights in IETF submissions and 
>publications.
>Specifically, this has to do with rights for derivative works 
>outside of the IETF standards process.
>
>There is also ongoing discussion of a workaround for this 
>problem.  If you are interested, please consult the IETF 
>General Discussion mailing list archives.  Any discussion of 
>the issue should occur on that list.
>
>One potential impact to the Working Groups is that revised 
>boilerplate text is likely to be required for submission of 
>I-Ds.  That revised text is expected to be in place well 
>before the I-D submission cut-off date prior to IETF-74.  
>There may be some confusion during the transition, however.
>
>A second potential impact is that any material that has been 
>derived from a document published prior to the effective date 
>RFC 5378 (November 11, 2008) may require special restrictions 
>to be listed in the boilerplate, as to rights for derivative 
>works outside the IETF standards process.
>
>The "fair use doctrine" would seem to apply to small sections 
>of properly quoted and cited text from older documents.  The 
>issue arises with any modifications to such text.  We have 
>seen such re-use of modified text proposed in recent WG list 
>discussions on open RADEXT Issues.
>
>All I-D authors need to be generally aware of this issue, and 
>anyone wishing to include substantial sections of text or any 
>sections of modified text from a "pre-5378" document need to 
>be particular aware.  It does not appear that this issue will 
>impact our work, if we pay attention to the details.
>
>Following is the details of the issue, as summarized in an 
>announcement from the Trustees of the IETF Trust (the agency 
>that holds IETF IPR).
>
>---------------------------------------------------------------
>-----------
>
>The purpose of this message is twofold:
>
>1) To summarize the issues that some members of our community 
>   have experienced since the publication of RFC 5378 in 
>November 2008, 
>   and
>2) To invite community review and discussion on a potential 
>work-around 
>   being considered by the IETF Trustees.
>
>Some I-D authors are having difficulty implementing RFC 5378.  
>An example of the difficulty is as follows:
>
>  - an author wants to include pre-5378 content in a new submission
>    or contribution to the IETF, but
>  - s/he is not certain that all of the author(s) of the earlier  
>    material have agreed to license it to the IETF Trust according
>    to RFC 5378.
>
>If an I-D author includes pre-5378 material in a new document, 
>then s/he must represent or warrant that all of the authors 
>who created the
>pre-5378 material have granted rights for that material to the 
>IETF Trust.
>If s/he cannot make this assertion, then s/he has a problem.
>
>This situation has halted the progression of some 
>Internet-Drafts and interrupted the publication of some RFCs.  
>The Trustees of the IETF Trust are investigating ways to 
>implement a temporary work-around so that IETF work can 
>continue to progress.  A permanent solution to this "pre-5378 
>problem" may require an update to RFC 5378, for example new 
>work by the community to create a 5378-bis document.
>
>The remainder of this message provides an outline of the 
>temporary work- around being considered by the Trustees.
>
>RFC 5378 sections 1.j and 5.3.c provide the IETF Trust with 
>the authority to develop legend text for authors to use in 
>situations where they wish to limit the granting of rights to 
>modify and prepare derivatives of the documents they submit.  
>The Trustees used this authority in 2008 to develop and adopt 
>the current "Legal Provisions Relating to IETF Documents" 
>which are posted at:
>http://trustee.ietf.org/license-info/.
>
>The Trustees are now considering the creation of optional new 
>legend text which could be used by authors experiencing the 
>"pre-5378 problem".
>
>The new legend text, if implemented, would do the following:
>
>  a. Provide Authors and Contributors with a way to identify (to the
>     IETF Trust) that their contributions contain material 
>from pre-5378  
>     documents for which RFC 5378 rights to modify the material outside
>     the IETF standards process may not have been granted, and
>
>  b. Provide the IETF Trust and the community with a clear indication 
>     of every document containing pre-5378 content and having the
>     "pre-5378 problem".
>
>So, how could the creation and use of some new legend text 
>help people work-around the pre-5378 problem?
>
>The proposed answer is as follows:
>
>  1. Anyone having a contribution with the "pre-5378" problem 
>should add
>     new legend text to the contribution, to clearly flag that 
>it includes
>     pre-5378 material for which all of the rights needed 
>under RFC 5378
>     may not have been granted, and
>
>  2. The IETF Trust will consider authors and contributors (with the  
>     pre-5378 problem) to have met their RFC 5378 obligations if the
>     new legend text appears on their documents, and
>
>  3. Authors and contributors should only resort to adding the new  
>     legend text to their documents (per #1) if they cannot develop  
>     certainty that all of the author(s) of pre-5378 material in
>     their documents have agreed to license the pre-5378 content to
>     the IETF Trust according to RFC 5378.
>
>The proposed wording for the new legend text is now available 
>for your review and comments in section 6.c.iii of a draft 
>revision to the IETF Trust's "Legal Provisions Relating to 
>IETF Documents" located at 
>http://trustee.ietf.org/policyandprocedures.html.
>
>Please note that the above document also contains new text in 
>section 5.c dealing with "License Limitations".
>
>If your review and feedback on this proposed work-around is 
>positive, then the new text may be adopted by the Trustees in 
>early February 2009, and then be published as an official 
>revision to the Legal Provisions document.  If so adopted, 
>Internet-Drafts with pre-5378 material may advance within the 
>Internet standards process and get published as RFCs where 
>otherwise qualified to do so.  Unless covered by sections 
>6.c.i or 6.c.ii, authors of documents in which there is no 
>pre-5378 material must provide a RFC 5378 license with no 
>limitation on modifications outside the IETF standards process.
>
>The IETF Trust will not grant the right to modify or prepare 
>derivative works of any specific RFC or other IETF 
>Contribution outside the IETF standards process until RFC 5378 
>rights pertaining to that document have been obtained from all 
>authors and after compliance by the IETF Trust with RFC 5377.  
>The Trustees will establish one or more mechanisms by which 
>authors of pre-5378 documents may grant RFC 5378 rights.
>
>The Trustees hereby invite your review, comments and 
>suggestions on this proposed work-around to the "pre-5378 
>problem".  The period for this review is 30 days.  Microsoft 
>WORD and PDF versions of the proposed revisions are attached 
>to this message.  Copies are also available on the IETF Trust 
>website under the heading "DRAFT Policy and Procedures Being 
>Developed" at:
>http://trustee.ietf.org/policyandprocedures.html 
>
>All feedback submitted before the end of February 7th will be 
>considered by the Trustees.  A decision on whether to move 
>forward with this proposal will be made and communicated to 
>you before the end of February 15th.
>
>Please give this your attention.
>
>Regards and Happy New Year !
>
>Ed Juskevicius, on behalf of the IETF Trustees edj.etc at gmail.com
>
>
>
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