Sanctions Available for Application to Violators of IETF IPR Policy
draft-farrresnickel-ipr-sanctions-02

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Document Type Active Internet-Draft (individual)
Authors Adrian Farrel  , Pete Resnick 
Last updated 2012-03-03
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Network Working Group                                          A. Farrel
Internet Draft                                          Juniper Networks
Category: Informational                                       P. Resnick
                                                                Qualcomm
Expires: 3 September 2012                                   3 March 2012

   Sanctions Available for Application to Violators of IETF IPR Policy

                draft-farrresnickel-ipr-sanctions-02.txt

Abstract

   The IETF has developed and documented policies that govern the
   behavior of all IETF participants with respect to Intellectual
   Property Rights (IPR) about which they might reasonably be aware.

   The IETF takes conformance to these IPR policies very seriously.
   However, there has been some ambiguity as to what the appropriate
   sanctions are for the violation of these policies, and how and by
   whom those sanctions are to be applied.

   This document discusses these issues and provides a suite of
   potential actions that may be taken within the IETF community.

Status of this Memo

   This Internet-Draft is submitted to IETF in full conformance with the
   provisions of BCP 78 and BCP 79.

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Copyright Notice

   Copyright (c) 2012 IETF Trust and the persons identified as the
   document authors.  All rights reserved.

   This document is subject to BCP 78 and the IETF Trust's Legal
   Provisions Relating to IETF Documents

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   (http://trustee.ietf.org/license-info) in effect on the date of
   publication of this document. Please review these documents
   carefully, as they describe your rights and restrictions with respect
   to this document. Code Components extracted from this document must
   include Simplified BSD License text as described in Section 4.e of
   the Trust Legal Provisions and are provided without warranty as
   described in the Simplified BSD License.

1.  Introduction

   The IETF has developed and documented policies that govern the
   behavior of all IETF participants with respect to intellectual
   property about which they might reasonably be aware. These are
   documented in [BCP79] and are frequently brought to the attention of
   IETF participants.  In short, the policies state that each individual
   participant is responsible for disclosing or ensuring the disclosure
   of Intellectual Property Rights (IPR) of which they are aware, that
   are relevant to the work with which they participate through the
   IETF, and where the IPR is owned by a company that employs or
   sponsors the individual's work.

   Conformance to these IPR policies is very important, and there is a
   need to understand both what sanctions may be applied to participants
   who violate the policies, and who may apply those sanctions.

   This document discusses these issues and provides a suite of
   potential actions that may be taken within the IETF community.  All
   of these sanctions are currently available in IETF processes, and two
   instances of violation of the IPR policy have been handled using some
   of the sanctions listed.  As explicitly called out in Section 4,
   a posting rights (PR) action described in [RFC2418] as updated by
   [RFC3934], and in [RFC3683] is an applicable sanction for the case of
   a breach of the IETF's IPR policy.

   This document does not consider the parallel, but important issue of
   ways to actively promote conformance with the IETF's IPR policy.
   That topic is discussed in [Promote].

2.  Description of IETF IPR Policy

   The IETF's IPR policy is set out in [BCP79].  Nothing in this
   document defines or redefines the IETF's IPR policy. This section
   simply highlights some important aspects of those policies.

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2.1.  Responsibilities of IETF Participants and Timeliness

   According to [BCP79], individual IETF participants have a
   personal responsibility to disclose or ensure the timely disclosure
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