IETF Rights in Contributions
draft-ietf-ipr-submission-rights-08
The information below is for an old version of the document that is already published as an RFC.
Document | Type |
This is an older version of an Internet-Draft that was ultimately published as RFC 3667.
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Author | Scott O. Bradner | ||
Last updated | 2022-02-25 (Latest revision 2003-10-21) | ||
RFC stream | Internet Engineering Task Force (IETF) | ||
Intended RFC status | Best Current Practice | ||
Formats | |||
Additional resources | Mailing list discussion | ||
Stream | WG state | (None) | |
Document shepherd | (None) | ||
IESG | IESG state | Became RFC 3667 (Best Current Practice) | |
Action Holders |
(None)
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Consensus boilerplate | Unknown | ||
Telechat date | (None) | ||
Responsible AD | Harald T. Alvestrand | ||
Send notices to | <smb@research.att.com>, <sra@hactrn.net> |
draft-ietf-ipr-submission-rights-08
quot; in the statement for PIB modules. In the case of MIB and PIB modules this statement should be placed in the DESCRIPTION clause of the MODULE-IDENTITY macro. Variations of these abbreviated notices are not permitted except in cases where the material to be extracted is the product of a joint development effort between the IETF and another standards development organization or is a republication of the work of another standards organization. Such variations must be approved on an individual basis by the IAB. [ note to RFC Editor - leave the "XXXX" in the above ] b. short excerpts of IETF Documents presented in electronic help systems, for example, the DESCRIPTION clauses for MIB variables, do not need to include a copyright notice. Bradner [Page 12] Internet-Draft IETF Rights in Submissions October 2003 6. Notices and Rights Required in RFC Editor Contributions Since the IETF acts as publisher of Internet Drafts, even for Internet Drafts that are not intended to become part of the Standards Process, the following are required in all such drafts to protect the IETF and its processes. The RFC Editor may require additional notices. a. An IPR Disclosure Acknowledgement, identical to that specified in Section 5.1. b. One of the following two copyright release statements: A. "By submitting this Internet-Draft, I accept the provisions of Section 3 of RFC XXXX." B. "By submitting this Internet-Draft, I accept the provisions of Section 4 of RFC XXXX." [note to RFC Editor - replace XXXX above with the number of this RFC] 7. Exposition of Why These Procedures Are the Way They Are 7.1 Rights Granted in IETF Contributions The IETF/ISOC must obtain the right to publish an IETF Contribution as an RFC or an Internet-Draft from the Contributors. A primary objective of this policy is to obtain from the document authors only the non-exclusive rights that are needed to develop and publish IETF Documents and to use the IETF Contributions in the IETF Standards Process while leaving all other rights with the authors. The non-exclusive rights that the IETF needs are: a. the right to publish the document b. the right to let the document be freely reproduced in the formats that the IETF publishes it in c. the right to let third parties translate it into languages other than English d. except where explicitly excluded (see Section 5.2), the right to make derivative works within the IETF process. e. the right to let third parties extract some logical parts, for example MIB modules The authors retain all other rights, but cannot withdraw the above rights from the IETF/ISOC. Bradner [Page 13] Internet-Draft IETF Rights in Submissions October 2003 7.2 Rights to use Contributed Material Because, under the laws of most countries and applicable international treaties, copyright rights come into existence whenever a work of authorship is created (but see Section 8 below regarding public domain documents), and IETF cannot make use of IETF Contributions if it does not have sufficient rights with respect to these copyright rights, it is important that the IETF receive assurances from all Contributors that they have the authority to grant the IETF the rights that they claim to grant. Without this assurance, IETF and its participants would run a greater risk of liability to the owners of these rights. To this end, IETF asks Contributors to give the assurances in Section 3.4 above. These assurances are requested, however, only to the extent of the Contributor's reasonable and personal knowledge. (See Section 1(l)) 7.3 Right to Produce Derivative Works The IETF needs to be able to evolve IETF Documents in response to experience gained in the deployment of the technologies described in such IETF Documents, to incorporate developments in research and to react to changing conditions on the Internet and other IP networks. In order to do this the IETF must be able to produce derivatives of its documents; thus the IETF must obtain the right from Contributors to produce derivative works. Note though that the IETF only requires this right for the production of derivative works within the IETF Standards Process. The IETF does not need, nor does it obtain, the right to let derivative works be created outside of the IETF Standards Process other than as noted in Section 3.3 (E). The right to produce derivative works is required for all IETF standards track documents and for most IETF non-standards track documents. There are two exceptions to this requirement: documents describing proprietary technologies and documents that are republications of the work of other standards organizations. The right to produce derivative works must be granted in order for an IETF working group to accept an IETF Contribution as a working group document or otherwise work on it. For non-working group IETF Contributions where the Contributor requests publication as a standards track RFC the right to produce derivative works must be granted before the IESG will issue an IETF Last-Call and, for most non-standards track non-working group IETF Contributions, before the IESG will consider the Internet-Draft for publication. Bradner [Page 14] Internet-Draft IETF Rights in Submissions October 2003 Occasionally a Contributor may not want to grant publication rights or the right to produce derivative works before finding out if an IETF Contribution has been accepted for development in the IETF Standards Process. In these cases the Contributor may include the Derivative Works Limitation described in Section 5.2 and the Publication Limitation described in Section 5.3 in their IETF Contribution. A working group can discuss the Internet-Draft with the aim to decide if it should become a working group document, even though the right to produce derivative works or to publish the IETF Contribution as an RFC has not yet been granted. If the IETF Contribution is accepted for development the Contributor must then resubmit the IETF Contribution without the limitation notices before a working group can formally adopt the IETF Contribution as a working group document. The IETF has historically encouraged organizations to publish details of their technologies, even when the technologies are proprietary, because understanding how existing technology is being used helps when developing new technology. But organizations that publish information about proprietary technologies are frequently not willing to have the IETF produce revisions of the technologies and then claim that the IETF version is the "new version" of the organization's technology. Organizations that feel this way can specify that an IETF Contribution can be published with the other rights granted under this document but may withhold the right to produce derivative works other than translations. The right to produce translations is required before any IETF Contribution can be published as an RFC to ensure the widest possible distribution of the material in RFCs. In addition, IETF Documents frequently make normative references to standards or recommendations developed by other standards organizations. Since the publications of some standards organizations are not public documents, it can be quite helpful to the IETF to republish, with the permission of the other standards organization, some of these documents as RFCs so that the IETF community can have open access to them to better understand what they are referring to. In these cases the RFCs can be published without the right for the IETF to produce derivative works. In both of the above cases in which the production of derivative works is excluded, the Contributor must include a special legend in the IETF Contribution, as specified in Section 5.2, in order to notify IETF participants about this restriction. 7.4 Rights to Use Trademarks Contributors may wish to seek trademark or service mark protection on any terms that are coined or used in their IETF Contributions. IETF Bradner [Page 15] Internet-Draft IETF Rights in Submissions October 2003 makes no judgment about the validity of any such trademark rights. However, the IETF requires each Contributor, under the licenses described in Section 3.3 above, to grant IETF a perpetual license to use any such trademarks or service marks solely in exercising its rights to reproduce, publish and modify the IETF Contribution. This license does not authorize any IETF participant to use any trademark or service mark in connection with any product or service offering, but only in the context of IETF Documents and discussions. 7.5 Who Does This Apply To? Rights and licenses granted to the IETF under this document are granted to all individuals noted in Section 1(a), irrespective of their employment or institutional affiliation. However, these licenses do not extend broadly to the employers, sponsors or institutions of such individuals, nor do they authorize the individuals to exercise any rights outside the specific context of the IETF Standards Process. 8. Contributions Not Subject to Copyright Certain documents, including those produced by the U.S. government and those which are in the public domain, may not be protected by the same copyright and other legal rights as other documents. Nevertheless, we ask each Contributor to grant to the IETF the same rights as he or she would grant, and to make the same representations, as though the IETF Contribution were protected by the same legal rights as other documents, and as though the Contributor could be able to grant these rights. We ask for these grants and representations only to the extent that the Contribution may be protected. We believe they are necessary to protect the ISOC, the IETF, the IETF Standards Process and all IETF participants, and also because the IETF does not have the resources or wherewithal to make any independent investigation as to the actual proprietary status of any document submitted to it. 9. Security Considerations This memo relates to IETF process, not any particular technology. There are security considerations when adopting any technology, but there are no known issues of security with IETF Contribution rights policies. 10. References Bradner [Page 16] Internet-Draft IETF Rights in Submissions October 2003 10.1 Normative references [RFC 2026] Bradner, S.(ed), "The Internet Standards Process -- Revision 3", RFC 2026, October 1996 [RFC 2418] Bradner, S. (ed), "Working Group Guidelines and Procedures", RFC 2518, September 1998 [IETF IPR] Bradner, S. (ed), "Intellectual Property Rights in IETF Technology", work in progress: draft-ietf-ipr-technology- rights-11.txt 10.2 Informative references [Berne] "Berne Convention for the Protection of Literary and Artistic Work", http://www.wipo.int/treaties/ip/berne/index.html 11. Acknowledgements The editor would like to acknowledge the help of the IETF ipr Working Group and, in particular the help of Jorge Contreras of Hale and Dorr for his careful legal reviews of this and other IETF IPR-related and process documents. The editor would also like to acknowledge the extensive help John Klensin provided during the development of the document. 12. Editor's Address Scott Bradner Harvard University 29 Oxford St. Cambridge MA, 02138 sob@harvard.edu +1 617 495 3864 13. Full copyright statement Copyright (C) The Internet Society (2003). Except as set forth below, authors retain all their rights. This document and translations of it may be copied and furnished to others, and derivative works that comment on or otherwise explain it or assist in its implementation may be prepared, copied, published and distributed, in whole or in part, without restriction of any Bradner [Page 17] Internet-Draft IETF Rights in Submissions October 2003 kind, provided that the above copyright notice and this paragraph are included on all such copies and derivative works. However, this document itself may not be modified in any way, such as by removing the copyright notice or references to the Internet Society or other Internet organizations, except as needed for the purpose of developing Internet standards in which case the procedures for rights in submissions defined in the IETF Standards process must be followed, or as required to translate it into languages other than English. The limited permissions granted above are perpetual and will not be revoked by the Internet Society or its successors or assigns. This document and the information contained herein is provided on an "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/S HE REPRESENTS (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. 14. change log note to RFC Editor - remove this section before publication ver 00 to ver 01 misc grammar changes throughout text sec 2.2 - add note about automatic disclaimers sec 2.3a - add "or is sponsored by" remove "unlimited" sec 2.3 B - reword to 'of a scope no wider than the license" sec 2.4a - add deff of major contributor sec 2.6 - 2nd paragraph from sec 5.4 moved here sec 3 - truncate heading sec 3.1 5th pp - add OR IS SPONSORED BY sec 3.1.2 - new section with copyright notice for use where derivative works right are withheld sec 3.2 - added usage guidelines for boilerplates sec 4.1 - add "intended by the contributor" sec 4.6 - add "actual" before lifetime sec 4.8 - reword sec 5.3 - insert "standards" in front of "process" last pp - add "with permission" phrase after "republish" sec 5.4 - change "we require" to "the IETF requires" sec 7/a - add PIBs sec 8 - redo security considerations sec 9.1 - remove IPR ID as normative reference sec 9.2 - add IPR ID as informative reference Bradner [Page 18] Internet-Draft IETF Rights in Submissions October 2003 sec 12 - add changes section ver 01 to 02 abstract - add note about updating 2026 sec 3.2 - add patent pledge ver 02 to 03 misc copy edits throughout document sec 4 - "personally and reasonably known" - remove detail ver 03 to 04 sec 4 - added note to the definition of Internet-Draft ver 04 to 05 added ToC moved definitions to front change "Submissions" to "Contributions" change MIBs & PIBs to "MIB modules" and "PIB modules" fixes to make sure MIB & PIB modules etc could be extracted misc grammar edits through out document sec 1 - rearranged definitions split IETF and RFC Editor Documents & Contributions changed "Contribution" in rest of document to be consistent with new definitions - added section XX and YY as part of this split sec 3.3 - (a) (B) break out translations from other derivative works add (a) (E) remove (b) as redundant sec 5 - reorganized ver 05 to 06 sec 5.6(a) - fix text ver 06 to ver 07 misc typos ver 07 to ver 8 IESG editorial tweaks Bradner [Page 19]