One document matched: draft-josefsson-ipr-rules-update-00.txt




Network Working Group                                       S. Josefsson
Internet-Draft                                          October 11, 2005
Updates: 3978 (if approved)
Expires: April 14, 2006


                            RFC 3978 Update
                  draft-josefsson-ipr-rules-update-00

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
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   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
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   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/ietf/1id-abstracts.txt.

   The list of Internet-Draft Shadow Directories can be accessed at
   http://www.ietf.org/shadow.html.

   This Internet-Draft will expire on April 14, 2006.

Copyright Notice

   Copyright (C) The Internet Society (2005).

Abstract

   Two problems with BCP78 are identified, and a proposal to solve them
   is proposed.  The first problem is that rights to Contributions (to
   copy, distribute, etc) are not granted to third parties.  The second
   problem is that the rights that were supposedly intended to be
   granted to third parties are too limited for some uses of
   Contributions.  The uses include incorporating portions of
   Contributions into online help, reference manuals, source code
   comments or even into source code itself.



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Table of Contents

   1.  Introduction  . . . . . . . . . . . . . . . . . . . . . . . . . 3
   2.  Problem #1: No Rights Are Granted To Third Parties  . . . . . . 3
   3.  Problem #2: No Rights To Use Modified Parts Of
       Contributions . . . . . . . . . . . . . . . . . . . . . . . . . 4
   4.  Proposed Update . . . . . . . . . . . . . . . . . . . . . . . . 4
   5.  Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . 4
   6.  References  . . . . . . . . . . . . . . . . . . . . . . . . . . 4
     6.1.  Normative References  . . . . . . . . . . . . . . . . . . . 4
     6.2.  Informative References  . . . . . . . . . . . . . . . . . . 5
   Author's Address  . . . . . . . . . . . . . . . . . . . . . . . . . 6
   Intellectual Property and Copyright Statements  . . . . . . . . . . 7






































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1.  Introduction

   This document discuss two problems with BCP78.  Familiarity with that
   document is assumed.  In particular, several terms defined in that
   document are used below.  After describing the problems, we conclude
   by proposing a solution.

   The reader should be aware that another BCP78 Update proposal has
   been published [6].  From what we can tell, that document do not
   address the problems discussed in this document.  That document do
   modify some other unrelated matters, which we have no objections to.
   It is thus expected that these two documents may eventually be
   merged, depending on the discussion and outcome of working group
   discussions.


2.  Problem #1: No Rights Are Granted To Third Parties

   Traditionally, third parties have been permitted to copy and
   distribute Contributions.  BCP78 [1] do not include any license
   statement to permit this.

   The rights granted to Contributions, in section 3.3 of BCP78, begin
   with (emphasis mine):


     a. To the extent that a Contribution or any portion thereof is
         protected by copyright and other rights of authorship, the
         Contributor, and each named co-Contributor, and the
         organization he or she represents or is sponsored by (if
         any) grant a perpetual, irrevocable, non-exclusive, royalty-
         free, world-wide right and license to the ISOC and the IETF
                                            ------------------------
         under all intellectual property rights in the Contribution:

   That means the all the rights given in that section are given to the
   IETF and the ISOC, but not to third parties.  Similar wording occur
   in section 4.2 on rights granted for RFC Editor contributions.

   Scott Bradner claims [7] that section 7.1 give you these rights.
   However, the entire section 7 is titled:

      Exposition of why these procedures are the way they are

   We believe section 7.1 can thus not be reasonable said to be included
   in the actual license statement.  Rather, it is only part of the
   considerations that went into the process that ended up with the
   current license statement.



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   Another argument that were put forward was that the note
   "distribution of this memo is unlimited" in RFCs give third parties
   the necessary rights.  However, there is no requirement for that text
   in RFCs, and it also appear unclear why the RFC Editor still add this
   text [7].


3.  Problem #2: No Rights To Use Modified Parts Of Contributions

   Implementation of IETF documents may want to reproduce part of the
   RFC in its online help, reference manual, source code comments or
   even in source code.  Material used in source code may include large
   tables (see StringPrep [4]) or ASN.1 schemas (see Kerberos 5 [5]).
   Material used in manuals may include protocol overviews (such as in
   SASL [2]) or API function documentation (such as in GSS-AP [3]).
   Currently, there are no rights granted to allow this usage.

   Further, when deciding on which license grants that should be used,
   to be able to be integrated in common free and open source projects,
   the license should be compatible with free software licenses (e.g.,
   the GNU Generic Public License and the GNU Free Documentation License
   [8]) and free software guidelines [9].


4.  Proposed Update

   This memo add the following as paragraph 3.3(c) of RFC 3978:


       c. The Contributor grants third parties the right to copy and
          distribute the Contribution, with or without modification, in
          any medium, without royalty, provided that the copyright
          notice and this notice are preserved, and that any claims of
          being the authoritative RFC are removed.


5.  Acknowledgments

   TBA


6.  References

6.1.  Normative References

   [1]  Bradner, S., "IETF Rights in Contributions", BCP 78, RFC 3978,
        March 2005.




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6.2.  Informative References

   [2]  Myers, J., "Simple Authentication and Security Layer (SASL)",
        RFC 2222, October 1997.

   [3]  Wray, J., "Generic Security Service API Version 2 : C-bindings",
        RFC 2744, January 2000.

   [4]  Hoffman, P. and M. Blanchet, "Preparation of Internationalized
        Strings ("stringprep")", RFC 3454, December 2002.

   [5]  Neuman, C., Yu, T., Hartman, S., and K. Raeburn, "The Kerberos
        Network Authentication Service (V5)", RFC 4120, July 2005.

   [6]  Bradner, S., "RFC 3978 Update", draft-ietf-ipr-rules-update-00
        (work in progress), October 2005.

   [7]  Bradner, S., "Post to IPR WG mailing list",
        WWW http://article.gmane.org/gmane.ietf.ipr/2790.

   [8]  FSF, "GNU Licenses",
        WWW http://www.gnu.org/licenses/licenses.html.

   [9]  Debian, "Debian Social Contract: Free Software Guidelines",
        WWW http://www.debian.org/social_contract#guidelines.


























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Author's Address

   Simon Josefsson

   Email: simon@josefsson.org














































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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 (2005).  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.


Acknowledgment

   Funding for the RFC Editor function is currently provided by the
   Internet Society.




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