IPR J. Halpern, Ed.
Internet-Draft Self
Expires: September 20, 2008 March 19, 2008
Advice to the Trustees of the IETF Trust on Rights to be Granted in IETF
Documents
draft-ietf-ipr-outbound-rights-06
Status of this Memo
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This Internet-Draft will expire on September 20, 2008.
Abstract
Contributors grant intellectual property rights to the IETF. The
IETF Trust holds and manages those rights on behalf of the IETF. The
Trustees of the IETF Trust are responsible for that management. This
management includes granting the licenses to copy, implement and
otherwise use IETF contributions, among them Internet-Drafts and
RFCs. The Trustees of the IETF Trust accepts direction from the IETF
regarding the rights to be granted. This document describes the
desires of the IETF regarding outbound rights to be granted in IETF
contributions.
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Table of Contents
1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Purpose in Granting Rights . . . . . . . . . . . . . . . . . . 3
3. Powers and Authority . . . . . . . . . . . . . . . . . . . . . 4
4. Recommended Grants of Right to Copy . . . . . . . . . . . . . . 5
4.1. Rights Granted for Reproduction of RFCs . . . . . . . . . . 5
4.2. Rights Granted for Quoting from IETF Contributions . . . . 5
4.3. Rights Granted for Implementing based on IETF
Contributions . . . . . . . . . . . . . . . . . . . . . . . 5
4.4. Rights Granted for use of text from IETF Contributions . . 7
4.5. Additional Licenses for IETF Contributions . . . . . . . . 7
5. IANA Considerations . . . . . . . . . . . . . . . . . . . . . . 7
6. Security Considerations . . . . . . . . . . . . . . . . . . . . 7
7. Informative References . . . . . . . . . . . . . . . . . . . . 8
Author's Address . . . . . . . . . . . . . . . . . . . . . . . . . 8
Intellectual Property and Copyright Statements . . . . . . . . . . 9
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1. Introduction
Under the current operational and administrative structures, IETF
intellectual property rights are vested in the IETF Trust
administered by a board of trustees made up of the members of the
IAOC [RFC4371]. This includes the right to make use of IETF
contributions, as granted by contributors under the rules laid out in
[InboundRights]. The Trustees of the IETF Trust are therefore
responsible for defining the rights to copy granted by the IETF to
people who wish to make use of the material in these documents.
The IETF Trust, by way of its Trustees, has indicated, as is
consistent with the IETF structure, that it will respect the wishes
of the IETF in regard to what these granted rights ought to be. It
is therefore the IETF's responsibility to articulate those wishes.
This document represents the wishes of the IETF regarding the rights
granted to all users in regard to IETF contributions, until it is
superseded.
2. Purpose in Granting Rights
In providing a description of the wishes of the IETF with regard to
rights granted in RFCs, it is helpful to keep in mind the purpose of
granting such rights.
The mission of the IETF is to produce documents that make the
Internet work better (see [RFC3935] for more details). These
documents, when completed, are published as RFCs.
An important subclass of RFCs is standards describing protocols; for
these, the primary value to the Internet is the ability of
implementors to build solutions (products, software, etc) which
interoperate using these standards. Hence, the IETF has a strong
interest in seeing accurate, interoperable implementations of the
material the IETF publishes. The IETF Trust grants rights to copy to
people to make use of the text in the RFCs in order to encourage
accurate and interoperable implementations.
As early implementations from Internet-Drafts make use of
descriptions in those Internet-Drafts, similar desires apply to
Internet-Drafts.
Similar considerations also apply to non-standard, non-protocol
documents such as BCPs and informational documents; in this document,
we recommend a common approach to the issue of right-to-use licenses
for all IETF documents.
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Previous documents regarding rights in IETF documents have included
in the RFC text specific text to be used to achieve the stated goals.
This has proved problematic. When problems are found with such text,
even when the problem is not a change in intent, it is necessary to
revise the RFC to fix the problem. At best this delays fixing legal
issues which need prompt attention. As such, this document describes
the IETF desires to the Trustees of the IETF Trust, but does not
provide the specific legal wording to address the goals. The
selection, and updating as necessary, of legal wording is left to the
Trustees of the IETF Trust. Appeals of the actions of the Trustees
of the IETF Trust are governed by other documents. As the Trustees
are the members of the IAOC, the appeals procedure documented in BCP
101 (currently [RFC4371]) is applicable.
3. Powers and Authority
As described in the introduction, and formally specified in
[InboundRights], the legal authority for determining and granting
users rights to copy material in RFCs and other IETF contributions
rests with the Trustees for the IETF Trust, which is made up of the
members of the IAOC, as described in [RFC4071] and [RFC4371]. This
document provides guidance to that body, based on the rough consensus
of the IETF. The trustees of the IETF Trust have the authority and
responsibility to determine the exact text insertions (or other
mechanisms), if any, needed in Internet-Drafts, RFCs, and all IETF
Contributions to meet these goals.
The rough consensus described in this document reflects the agreement
of the IETF as of the IETF Last call, and the Trustees of the IETF
Trust are to begin drafting license text and other materials to act
on these instructions upon IESG approval of this document for RFC
publication. Changes to the IETF documentation, and document
policies themselves, take effect as determined by the Trustees of the
IETF Trust.
This document does not specify what rights the IETF Trust receives
from others in IETF contributions. That is left to another document
([InboundRights]). While care has been taken the working group in
developing this document, and care will be taken by the Trustees of
the IETF Trust, to see that sufficient rights are granted to the IETF
Trust in IETF contributions, it is also the case that the trust can
not grant rights it has not or does not receive, and it is expected
that policies will be in line with that fact. Similarly, the rights
granted for pre-existing documents can not be expanded unless the
holders of rights in those contributions choose to grant expanded
rights. Nonetheless, to the degree it can, and without embarking on
a massive effort, it is desirable if similar rights to those
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described below can be granted in older RFCs.
4. Recommended Grants of Right to Copy
The IETF grants rights to copy and modify parts of IETF contributions
in order to meet the objectives described earlier. As such,
different circumstances and different parts of documents may need
different grants. This section contains subsections for each such
different grant that is currently envisioned. Each section is
intended to describe a particular usage, to describe how that usage
is recognizable, and to provide guidance to the Trustees of the IETF
Trust as to what rights the IETF would like to see granted in that
circumstances, and what limitations should be put on such granting.
These recommendations for outgoing rights are structured around the
assumptions documented in [InboundRights]. Thus, this document is
about granting rights derived from those granted to the IETF Trust.
The recommendations below are how those granted rights should in turn
be passed on to others using IETF documents in ways and for purposes
that fit with the goals of the IETF. This discussion is also
separate from discussion of the rights the IETF itself requires in
documents to do its job, as those are not "outbound" rights. It is
expected that the rights granted to the IETF will be a superset of
those copying rights we wish to grant to others.
4.1. Rights Granted for Reproduction of RFCs
It has long been IETF policy to encourage copying of RFCs in full.
This permits wide dissemination of the material, without risking loss
of context or meaning. The IETF wishes to continue to permit anyone
to make full copies and translations of RFCs.
4.2. Rights Granted for Quoting from IETF Contributions
There is rough consensus that it is useful to permit the quoting
without modification of excerpts from IETF Contributions. Such
excerpts may be of any length and in any context. Translation of
quotations is also to be permitted. All such quotations should be
attributed properly to the IETF and the IETF document from which they
are taken.
4.3. Rights Granted for Implementing based on IETF Contributions
IETF contributions often include components intended to be directly
processed by a computer. Examples of these include ABNF definitions,
XML Schemas, XML DTDs, XML RelaxNG definitions, tables of values,
MIBs, ASN.1, or classical programming code. These are included in
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IETF contributions for clarity and precision in specification. It is
clearly beneficial, when such items are included in IETF
contributions, to permit the inclusion of such code components in
products which implement the contribution. It has been pointed out
that in several important contexts use of such code requires the
ability to modify the code. One common example of this is simply the
need to adapt code for use in specific contexts (languages,
compilers, tool systems, etc.) Such use frequently requires some
changes to the text of the code from the IETF contribution. Another
example is that code included in open source products is frequently
licensed to permit any and all of the code to be modified. Since we
want this code included in such products, it follows that we need to
permit such modification. While there has been discussion of
restricting the rights to make such modifications in some way, the
rough consensus of the IETF is that such restrictions are likely a
bad idea, and are certainly very complex to define.
As such, the rough consensus is that the IETF Trust is to grant
rights such that code components of IETF contributions can be
extracted, modified, and used by anyone in any way desired. To
enable the broadest possible extraction, modification and usage, the
IETF Trust should avoid adding software license obligations beyond
those already present in a contribution. The granted rights to
extract, modify and use code should allow creation of derived works
outside the IETF that may carry additional license obligations. As
the IETF Trust can not grant rights it does not receive, the rights
to extract, modify and use code described in this paragraph can not
be granted in IETF contributions that are explicitly marked as not
permitting derivative works.
While it is up to the Trustees of the IETF Trust to determine the
best way of meeting this objective, two mechanisms are suggested here
that are believed to be helpful in documenting the intended grant to
readers and users of IETF contributions.
Firstly, the Trustees of the IETF Trust should maintain, in a
suitable, easily accessible fashion, a list of common RFC components
which will be considered to be code. To start, this list should
include at least the items listed above. The Trustees of the IETF
Trust will add to this list as they deems suitable or as it is
directed by the IETF.
Additionally, the Trustees of the IETF Trust should define a textual
representation to be included in an IETF contribution to indicate
that a portion of the document is considered by the authors (and
later the working group, and upon approval the IETF) to be code, and
to be subject to the permissions granted to use code.
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4.4. Rights Granted for use of text from IETF Contributions
There is no consensus at this time to permit the use of text from
RFCs in contexts where the right to modify the text is required. The
authors of IETF contributions may be able and willing to grant such
rights independently of the rights they have granted to the IETF by
making the contribution.
4.5. Additional Licenses for IETF Contributions
There have been contexts where the material in an IETF contribution
is also available under other license terms. The IETF wishes to be
able to include content which is available under such licenses. It
is desirable to indicate in the IETF contribution that other licenses
are available. It would be inappropriate and confusing if such
additional licenses restricted the rights the IETF intends to grant
in the content of RFCS.
However, the IETF does not wish to have IETF Contributions contain
additional licenses, as that introduces a number of additional
difficulties. Specifically, additional text in the document, and any
additional license referred to by permitted additional text must not
in any way restrict the rights the IETF intends to grant to others
for using the contents of IETF contributions.
Authors of contributions retain all rights in their contributions.
As such, an author may directly grant any rights they wish separately
from what the IETF grants. However, a reader wishing to determine or
make use of such grants will need to consult external sources of
information, including possibly open source code and documents, or
contact the author directly.
5. IANA Considerations
No values are assigned in this document, no registries are created,
and there is no action assigned to the IANA by this document. One
list (of kinds of code sections) is anticipated, to be created and
maintained by the Trustees of the IETF Trust. It is up to the
Trustees of the IETF Trust whether they create such a list and
whether they choose to involve the IANA in maintaining that list.
6. Security Considerations
This document introduces no new security considerations. It is a
process document about the IETFs IPR rights being granted to other
people. While there may be attacks against the integrity or
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effectiveness of the IETF processes, this document does not address
such issues.
7. Informative References
[RFC3935] Alvestrand, H., "A Mission Statement for the IETF",
BCP 95, RFC 3935, October 2004.
[RFC4071] Austein, R. and B. Wijnen, "Structure of the IETF
Administrative Support Activity (IASA)", BCP 101,
RFC 4071, April 2005.
[RFC4371] Carpenter, B. and L. Lynch, "BCP 101 Update for IPR
Trust", BCP 101, RFC 4371, January 2006.
[InboundRights]
Bradner, S., "I-D.ietf-ipr-rules-update-07.txt", 2006.
Author's Address
Joel M. Halpern (editor)
Self
P. O. Box 6049
Leesburg, VA 20178
US
Email: jmh@joelhalpern.com
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Full Copyright Statement
Copyright (C) The IETF Trust (2008).
This document is subject to the rights, licenses and restrictions
contained in BCP 78, and except as set forth therein, the authors
retain all their rights.
This document and the information contained herein are provided on an
"AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS
OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY, THE IETF TRUST AND
THE INTERNET ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF
THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Intellectual Property
The IETF takes no position regarding the validity or scope of any
Intellectual Property Rights or other rights that might be claimed to
pertain to the implementation or use of the technology described in
this document or the extent to which any license under such rights
might or might not be available; nor does it represent that it has
made any independent effort to identify any such rights. Information
on the procedures with respect to rights in RFC documents can be
found in BCP 78 and BCP 79.
Copies of IPR disclosures made to the IETF Secretariat and any
assurances of licenses to be made available, or the result of an
attempt made to obtain a general license or permission for the use of
such proprietary rights by implementers or users of this
specification can be obtained from the IETF on-line IPR repository at
http://www.ietf.org/ipr.
The IETF invites any interested party to bring to its attention any
copyrights, patents or patent applications, or other proprietary
rights that may cover technology that may be required to implement
this standard. Please address the information to the IETF at
ietf-ipr@ietf.org.
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