INTERNET-DRAFT Thomas Narten IBM <draft-narten-ipr-3979-3rd-party-fix-00.txt> October 13, 2006 Clarification of the 3rd Party Disclosure procedure in RFC 3979 <draft-narten-ipr-3979-3rd-party-fix-00.txt> Status of this Memo By submitting this Internet-Draft, each author represents that any applicable patent or other IPR claims of which he or she is aware have been or will be disclosed, and any of which he or she becomes aware will be disclosed, in accordance with Section 6 of BCP 79. Internet-Drafts are working documents of the Internet Engineering Task Force (IETF), its areas, and its working groups. Note that other groups may also distribute working documents as Internet- Drafts. Internet-Drafts are draft documents valid for a maximum of six months and may be updated, replaced, or obsoleted by other documents at any time. It is inappropriate to use Internet-Drafts as reference material or to cite them other than as "work in progress". The list of current Internet-Drafts can be accessed at http://www.ietf.org/1id-abstracts.html The list of Internet-Draft Shadow Directories can be accessed at http://www.ietf.org/shadow.html This Internet-Draft expires in six months. Abstract This document clarifies and updates a single sentence in RFC 3979. Specifically, when 3rd party IPR disclosures are made, the intention is that the IETF Executive Director notify the IPR holder that a 3rd party disclosure has been filed, and to ask the IPR holder whether they have any disclosure that needs to be made, per applicable RFC3979 rules. draft-narten-ipr-3979-3rd-party-fix-00.txt [Page 1]
INTERNET-DRAFT October 13, 2006 Contents Status of this Memo.......................................... 1 1. Introduction............................................. 2 2. The Fix.................................................. 2 3. Security Considerations.................................. 3 4. IANA Considerations...................................... 3 5. Acknowledgments.......................................... 3 6. Notes (To be removed upon RFC Publication)............... 3 7. Normative References..................................... 3 8. Author's Address......................................... 3 1. Introduction This document clarifies and updates a single sentence in RFC 3979 [RFC3979]. Specifically, when 3rd party IPR disclosures are made, the intention is that the IETF Executive Director notify the IPR holder that a 3rd party disclosure has been filed, and to ask the IPR holder whether they have any disclosure that needs to be made, per applicable RFC3979 rules. This document updates RFC 3979. 2. The Fix RFC3979, Section 4 (C), states: (C) Where Intellectual Property Rights have been disclosed for IETF Documents as provided in Section 6 of this document, the IETF Executive Director shall request from the discloser of such IPR, a written assurance that upon approval by the IESG for publication as RFCs of the relevant IETF specification(s), all persons will be able to obtain the right to implement, use, distribute and exercise other rights with respect to Implementing Technology under one of the licensing options specified in Section 6.5 below unless such a statement has already been submitted. draft-narten-ipr-3979-3rd-party-fix-00.txt [Page 2]
INTERNET-DRAFT October 13, 2006 In the case of third party disclosures, it makes no sense to ask the discloser about potential licensing terms, since they do not own the IPR. Instead, it only makes sense to ask the IPR holder. This document updates RFC3979 by changing the word "discloser" to "IPR holder" in the above text. 3. Security Considerations This document has no known security implications. 4. IANA Considerations This document makes no requests to IANA. 5. Acknowledgments 6. Notes (To be removed upon RFC Publication) This topic was discussed during the March, 2006 IPR WG meeting in Dallas. See the minutes under the section "3rd Party Disclosure Verification" at http://www3.ietf.org/proceedings/06mar/minutes/ipr.txt. The topic was also discussed on the mailing list after the Dallas meeting. 7. Normative References [RFC3979] "Intellectual Property Rights in IETF Technology," S. Bradner, Ed., RFC 3979, March 2005. 8. Author's Address Thomas Narten IBM Corporation 3039 Cornwallis Ave. PO Box 12195 - BRQA/502 Research Triangle Park, NC 27709-2195 Phone: 919-254-7798 draft-narten-ipr-3979-3rd-party-fix-00.txt [Page 3]
INTERNET-DRAFT October 13, 2006 EMail: narten@us.ibm.com Intellectual Property Statement 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. Disclaimer of Validity 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 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. Copyright Statement Copyright (C) The Internet Society (2006). 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 draft-narten-ipr-3979-3rd-party-fix-00.txt [Page 4]
INTERNET-DRAFT October 13, 2006 "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY 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. draft-narten-ipr-3979-3rd-party-fix-00.txt [Page 5]