One document matched: draft-ietf-ipr-outbound-rights-05.xml


<?xml version="1.0" encoding="US-ASCII"?>
<!DOCTYPE rfc SYSTEM "rfc2629.dtd">
<?rfc compact='yes'?>
<?rfc symrefs='yes'?>
<rfc docName="draft-ietf-ipr-outbound-rights-05" ipr="full3978">
  <?rfc toc='yes'?>

  <front>
    <title abbrev="Outbound Rights Advice">Advice to the Trustees of the IETF
        Trust on Rights to be Granted in IETF Documents</title>

    <author fullname="Joel M. Halpern" initials="J.M.H." role="editor"
            surname="Halpern">
      <organization abbrev="Self">Self</organization>

      <address>
        <postal>
          <street>P. O. Box 6049</street>
          <city>Leesburg</city>
          <region>VA</region>
          <code>20178</code>
          <country>US</country>
        </postal>
        <email>jmh@joelhalpern.com</email>
      </address>
    </author>

    <date month="December" year="2007" />

    <area>General</area>

    <workgroup>IPR</workgroup>

    <abstract>
      <t>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.</t>
    </abstract>
  </front>

  <middle>
    <section title="Introduction">
      <t>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 IASA <xref
      target="RFC4371"></xref>. This includes the right to make use of IETF
      contributions, as granted by contributors under the rules laid out in
      <xref target="InboundRights"></xref>. 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.</t>

      <t>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.</t>
    </section>

    <section anchor="Purpose" title="Purpose in Granting Rights">
      <t>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.</t>

      <t>The IETF's mission is to produce documents that make the Internet
      work better (see <xref target="RFC3935"></xref> for more details.) These
      documents, when completed, are published as RFCs.</t>

      <t>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 we publish. We
      grant rights to copy to people to make use of the text in the RFCs in
      order to encourage accurate and interoperable implementations.</t>

      <t>As early
      implementations from Internet drafts make use of descriptions in those
      internet-drafts, similar desires apply to internet-drafts.</t>

      <t>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.</t>

      <t>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 and their legal advisers.  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 <xref target="RFC4371"></xref>) is applicable.</t>
    </section>

    <section title="Powers and Authority">
      <t>As described in the introduction, and formally specified in
      <xref target="InboundRights"></xref>, 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
      <xref target="RFC4071"></xref> and <xref target="RFC4371"></xref>. 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.</t>

      <t>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.</t>

      <t>This document does not specify what rights the IETF Trust
      receives from others in IETF contributions. That is left to another
      document (<xref target="InboundRights"></xref>).  While care will be
      taken by both the working group and 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 described below can be granted in older RFCs.</t>
    </section>

    <section title="Recommended Grants of Right to Copy">
      <t>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.</t>

      <t>These recommendations for outgoing rights are structured around the
      assumptions documented in <xref target="InboundRights"></xref>.  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.</t>

      <section title="Rights Granted for Reproduction of RFCs">
        <t>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.</t>
      </section>

      <section title="Rights Granted for Quoting from IETF Contributions">
        <t>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.</t>
      </section>

      <section title="Rights Granted for Implementing based on IETF
          Contributions">
        <t>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 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.</t>

        <t> 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.</t>

        <t>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.</t>

        <t>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.</t>

        <t>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.</t>
      </section>

      <section title="Rights Granted for use of text from IETF Contributions">
        <t>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.</t>
      </section>

      <section title="Additional Licenses for IETF Contributions">
        <t>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.</t>

        <t>However, the IETF does not wish to have IETF Contributions contain
        additional licenses, as that introduces a number
/* note to self: check if need copyright explanation here */
        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.</t>

        <t>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.</t>
      </section>
    </section>

    <section title="IANA Considerations">
      <t>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.</t>
    </section>

    <section title="Security Considerations">
      <t>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
      effectiveness of the IETF processes, this document does not address such
      issues.</t>
    </section>
  </middle>

  <back>
    <references title="Informative References">
      <?rfc include="reference.RFC.3935" ?>

      <?rfc include="reference.RFC.4071" ?>

      <?rfc include="reference.RFC.4371" ?>

      <reference anchor="InboundRights">
        <front>
          <title>I-D.ietf-ipr-rules-update-07.txt</title>

          <author initials="S.O." surname="Bradner"></author>

          <date year="2006" />
        </front>
      </reference>
    </references>
  </back>
</rfc>

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