Sanctions Available for Application to Violators of IETF IPR Policy
draft-farrresnickel-ipr-sanctions-06

The information below is for an old version of the document
Document Type Active Internet-Draft (individual in gen area)
Authors Adrian Farrel  , Pete Resnick 
Last updated 2012-06-04
Stream IETF
Intended RFC status Informational
Formats pdf htmlized (tools) htmlized bibtex
Reviews
Stream WG state (None)
Document shepherd None
IESG IESG state IESG Evaluation
Consensus Boilerplate Unknown
Telechat date
Responsible AD Russ Housley
Send notices to adrian@olddog.co.uk, presnick@qualcomm.com, stephen.farrell@cs.tcd.ie
Network Working Group                                          A. Farrel
Internet Draft                                          Juniper Networks
Category: Informational                                       P. Resnick
                                                                Qualcomm
Expires: 4 December 2012                                     4 June 2012

   Sanctions Available for Application to Violators of IETF IPR Policy

                draft-farrresnickel-ipr-sanctions-06.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 can be taken within the IETF community in
   cases related to patents.

Status of this Memo

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

   Internet-Drafts are working documents of the Internet Engineering
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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

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   Provisions Relating to IETF Documents
   (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.  This document summarises and references those
   policies, but does not replace or stand in for the full statement of
   the policies found in [BCP79].  Readers and IETF participants need to
   be aware of the content of [BCP79].

   The policies set out in [BCP79] state that each individual
   participant is responsible for disclosing or ensuring the disclosure
   of Intellectual Property Rights (IPR) where:

   - they are aware of the IPR
   - the IPR is relevant to the IETF work they are participating in
   - the IPR is owned by the individual or 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 can be applied to participants
   who violate the policies, and who is in a position to apply the
   sanctions.

   This document discusses these issues and provides a suite of
   potential actions that can be taken within the IETF community in
   cases related to patents.  All of these sanctions are currently
   available in IETF processes, and at least 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.

   Note: This document specifies some administrative sanctions that
   can be imposed by and through IETF administrative processes. In
   particular, this document does not address or limit other legal
   sanctions, rights, or remedies that are available outside of the IETF

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