Network Working Group S. Bradner
Internet-Draft Harvard University
Jorge Contreras
WilmerHale
Editors
26 June 2007
Rights Contributors provide to the IETF Trust
<draft-ietf-ipr-3978-incoming-01.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/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 December 26, 2007.
Copyright (C) IETF Trust (2007).
Abstract
The IETF policies about rights in Contributions to the IETF are
designed to ensure that such Contributions can be made available to
the IETF and Internet communities while permitting the authors to
retain as many rights as possible. This memo details the IETF
policies on rights in Contributions to the IETF. It also describes
the objectives that the policies are designed to meet. This memo
obsoletes RFC 3978 and 4748 and, with RFC 3979 and RFC xxx
(-outgoing), replaces Section 10 of RFC 2026.
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Table of Contents
1. Definitions
2. Introduction
2.1 No Retroactive Effect
3. Exposition of why these procedures are the way they are
3.1. Rights Granted in Contributions
3.2. Rights to use Contributions
3.3. Right to Produce Derivative Works
3.4. Rights to use Trademarks
3.5. Contributions Not Subject to Copyright
3.6. Copyright in RFCs
4. RFC Editor Documents
5. Rights in Contributions
5.1. General Policy
5.2. Confidentiality Obligations
5.3. Rights Granted by Contributors to the IETF Trust
5.4. Sublicenses by IETF Trust
5.5. No Patent License
5.6. Representations and Warranties
5.7. No Duty to Publish
5.8. Trademarks
5.9. Copyright in RFCs
6. Legends, Notices and Other Standardized Text in IETF Documents
7. Security Considerations
8. References
8.1. Normative References
8.2. Informative References
9. Acknowledgements
10. Editors' Addresses
Full Copyright Statement
1. Definitions
The following definitions are for terms used in the context of
thisdocument. Other terms, including "IESG," "ISOC," "IAB," and
"RFCEditor," are defined in [RFC2028].
a. "Contribution": any submission to the IETF intended by the
Contributor for publication as all or part of an Internet-Draft or
RFC (except for RFC Editor Contributions described in Section 4
below) and any statement made within the context of an IETF
activity. Such statements include oral statements in IETF
sessions, as well as written and electronic communications made at
any time or place, which are addressed to:
o the IETF plenary session,
o any IETF working group or portion thereof,
o the IESG, or any member thereof on behalf of the IESG,
o the IAB or any member thereof on behalf of the IAB,
o any IETF mailing list, including the IETF list itself, any
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working group or design team list, or any other list
functioning under IETF auspices,
o the RFC Editor or the Internet-Drafts function (except for RFC
Editor Contributions described in Section 4 below).
Statements made outside of an IETF session, mailing list or other
function, that are clearly not intended to be input to an IETF
activity, group or function, are not IETF Contributions in the
context of this document.
b. "Contributor": an individual submitting a Contribution.
c. "Copyright" means the legal right granted to an author in a
document or other work of authorship under applicable law. A
"copyright" is not equivalent to a "right to copy". Rather a
copyright encompasses all of the exclusive rights that an author
has in a work, such as the rights to copy, publish, distribute and
create derivative works of the work. An author often cedes these
rights to his or her employer or other parties as a condition of
employment or compensation.
d. "IETF": In the context of this document, the IETF includes all
individuals who participate in meetings, working groups, mailing
lists, functions and other activities which are organized or
initiated by ISOC, the IESG or the IAB under the general
designation of the Internet Engineering Task Force or IETF, but
solely to the extent of such participation.
e. "IETF Documents": RFCs and Internet-Drafts.
f. "IETF Standards Process": the activities undertaken by the IETF in
any of the settings described in 1(c) below.
g. "IETF Trust": A trust established under the laws of the
Commonwealth of Virginia, USA, in order to hold and administer
intellectual property rights for the benefit of the IETF.
h. "Internet-Draft": temporary documents used in the IETF Standards
Process. Internet-Drafts are posted on the IETF web site by the
IETF Secretariat. As noted in Section 2.2 of RFC 2026, Internet-
Drafts have a nominal maximum lifetime of six months in the IETF
Secretariat's public directory.
i. "Legend Instructions" means the standardized text that is
included in IETF Documents and the instructions and requirements
for including that standardized text in IETF Documents, each as
posted from time to time at www.ietf.org/legends.
j. "RFC": the basic publication series for the IETF. RFCs are
published by the RFC Editor. Although RFCs may be superseded in
whole or in part by subsequent RFCs, the text of an RFC is not
altered once published in RFC form. (See [RFC2026] Section 2.1)
k. "Reasonably and personally known": means something an individual
knows personally or, because of the job the individual holds,
would reasonably be expected to know. This wording is used to
indicate that an organization cannot purposely keep an individual
in the dark about patents or patent applications just to avoid the
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disclosure requirement. But this requirement should not be
interpreted as requiring the IETF Contributor or participant (or
his or her represented organization, if any) to perform a patent
search in an attempt to find applicable IPR.
2. Introduction
In all matters of copyright and document procedures, the intent is to
benefit the Internet community and the public at large, while
respecting the legitimate rights of others.
Under the laws of most countries and current international treaties
(for example the "Berne Convention for the Protection of Literary and
Artistic Work" [Berne Convention]), authors obtain numerous rights in
the works they produce automatically upon producing them. These
rights include copyrights, moral rights and other rights. In many
cases, if the author produces a work within the scope of his or her
employment, most of those rights are usually assigned to the
employer, either by operation of law or, in many cases, under
contract. (The Berne Convention names some rights as "inalienable",
which means that the author retains them in all cases.)
In order for Contributions to be used within the IETF Standards
Process, including when they are published as Internet-Drafts or
RFCs, certain limited rights must be granted to the IETF Trust, which
then grants the necessary rights to the IETF. In addition,
Contributors must make representations to IETF Trust and the IETF
regarding their ability to grant these rights.
Section 1 provides definitions used in these policies. Sections 3
and 4 of this document explain the rationale for these provisions.
Only sections 5 and 6 of this document are normative, the other
sections are informative. A companion document RFC 3979 [RFC3979]
deals with rights, including possible patent rights, in technologies
developed or specified as part of the IETF Standards Process. This
document is not intended to address those issues. This memo
obsoletes RFC 3978 and 4748 and, with RFC 3979 and RFC
xxx(-outgoing), replaces Section 10 of RFC 2026.
This document is not intended as legal advice. Readers are advised to
consult their own legal advisors if they would like a legal
interpretation of their rights or the rights of the IETF Trust in any
Contributions they make.
2.1 No Retroactive Effect
This memo does not retroactively obtain additional rights from
Contributions that predate the date that the IETF Trust announces the
adoption of these procedures.
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3. Exposition of Why These Procedures Are the Way They Are
3.1. Rights Granted in Contributions
The IETF Trust and IETF 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 IETF Contributions in the IETF
Standards Process and potentially elsewhere.
The authors retain all other rights, but cannot withdraw the above
rights from the IETF Trust and IETF.
It is important to note that under this document Contributors are
required to grant certain rights to the IETF Trust, which holds all
IETF-related intellectual property on behalf of the IETF community.
The IETF Trust will, in turn, grant a sublicense of these rights to
all IETF participants for use in the IETF Standards Process. This
sublicense is necessary for the standards development work of the
IETF to continue. In addition, the IETF Trust may grant certain
other sublicenses of the rights that it is granted under this
document. In granting such other sublicenses, the IETF Trust will be
guided [and bound] by documents such as [-outbound].
3.2. Rights to use Contributions
Because, under the laws of most countries and applicable
international treaties, copyright rights come into existence when a
work of authorship is created (but see Section 3.5 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 Section5.6 below. These
assurances are requested, however, only to the extent of the
Contributor's reasonable and personal knowledge. (See Section 1(l))
3.3. 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.
The IETF may also decide to permit others to develop derivative works
based on Contributions. In order to do this, the IETF must be able
to produce derivatives of its documents; thus the IETF must obtain
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the right from Contributors to produce derivative works. 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 a Contribution as a working group
document or otherwise work on it. For non-working group 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 Contributions, before the IESG will consider the
Internet-Draft for publication. Occasionally a Contributor may not
want to grant publication rights or the right to produce derivative
works before finding out if a Contribution has been accepted for
development in the IETF Standards Process. In these cases the
Contributor may include a limitation on the right to make derivative
works in the form specified in the Legend Instructions. A working
group can discuss the Contribution 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 Contribution as an RFC has
not yet been granted. However, if the Contribution is accepted for
development, the Contributor must resubmit the Contribution without
the limitation notices before a working group can formally adopt the
Contribution as a working group document. The IETF Trust may
establish different policies for granting sublicenses with respect to
different types of Contributions and content within Contributions
(such as executable code versus descriptive text or references to
third party materials). The IETF Trust's policies concerning the
granting of sublicenses to make derivative works will be guided by
RFC [-outbound.
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
possibly claim that the IETF version is the "new version" of the
organization's technology. Organizations that feel this way can
specify that a Contribution 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 Contribution can be published as
an RFC to ensure the widest possible distribution of the material in
RFCs.
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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 Contribution, as specified in
the Legend Instructions, in order to notify IETF participants about
this restriction.
3.4. Rights to Use Trademarks
Contributors may wish to seek trademark or service mark protection on
any terms that are coined or used in their Contributions. IETF makes
no judgment about the validity of any such trademark rights.
However, the IETF requires each Contributor, under the licenses
described in Section 5.3 below, to grant IETF Trust a perpetual
license to use any such trademarks or service marks solely in
exercising rights to reproduce, publish, discuss and modify the IETF
Contribution. This license does not authorize IETF or others to use
any trademark or service mark in connection with any product or
service offering.
3.5. 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 Trust, 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.
3.6 Copyright in RFCs.
As noted above, Contributors to the IETF (or their employers) retain
ownership of the copyright in their Contributions. This includes
Internet-Drafts and all other Contributions made within the IETF
Standards Process (e.g., via e-mail, oral comment and otherwise).
However, it is important that the IETF (through the IETF Trust) own
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the copyright in documents that are published as RFCs (other than
Informational RFCs and RFCs that are submitted as RFC Editor
Contributions). Ownership of the copyright in an RFC does not
diminish the Contributors' rights in their underlying contributions,
but it does prevent anyone other than the IETF Trust (and its
licensees) from republishing or modifying an RFC in RFC format. In
this respect, Contributors are treated the same as anybody else:
though they may extract and republish their own Contributions without
limitation, they may not do so in the IETF's RFC format. And while
this principle (which is included in Section 5.9 below) may appear to
be new to IETF, it actually reflects historical practice and has been
observed for many years through the inclusion of an ISOC or IETF
Trust copyright notice on all RFC documents since the publication of
RFC 2026.
4. RFC Editor Documents
This document only relates to Contributions made as part of the IETF
Standards Process. Other documents that are referred to as Internet-
Drafts and RFCs may be submitted to and published by the RFC Editor
independently of the IETF Standards Process. Such "RFC Editor
Documents" are not covered by this document. RFC Editor
Contributions must be marked appropriately as described in the Legend
Instructions. See the RFC Editor web page for information about the
policies concerning rights in RFC Editor Documents.
5. Rights in Contributions
5.1. General Policy
By submission of a Contribution, each person actually submitting the
Contribution, and each named co-Contributor, is deemed to have read
and understood the rules and requirements set forth in this document.
Each Contributor is deemed, by the act of submitting a Contribution,
to enter into a legally-binding agreement to comply with the terms
and conditions set forth in this document, on his or her own behalf
and on behalf of the organization the Contributor represents or is
sponsored by (if any), when submitting the Contribution. No further
acknowledgement, signature or other action is required to bind a
Contributor to these terms and conditions. The operation of the IETF
and the work conducted by its many participants is dependent on such
agreement by each Contributor, and each IETF participant expressly
relies on the agreement of each Contributor to the terms and
conditions set forth in this document.
5.2. Confidentiality Obligations
No information or document that is subject to any requirement of
confidentiality or any restriction on its dissemination may be
submitted as a Contribution or otherwise considered in any part of
the IETF Standards Process, and there must be no assumption of any
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confidentiality obligation with respect to any Contribution. Each
Contributor agrees that any statement in a Contribution, whether
generated automatically or otherwise, that states or implies that the
Contribution is confidential or subject to any privilege, can be
disregarded for all purposes, and will be of no force or effect.
5.3. Rights Granted by Contributors to the IETF Trust
To the extent that a Contribution or any portion thereof is protected
by copyright or 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 IETF Trust under
all such copyrights and other rights in the Contribution.
(A) to copy, publish, display, and distribute the Contribution, in
whole or in part,
(B) to prepare translations of the Contribution into languages other
than English, in whole or in part, and to copy, publish, display,
and distribute such translations or portions thereof,
(C) unless explicitly disallowed in the notices contained in a
Contribution [in the form specified by the Legend Instructions],
to modify or prepare derivative works (in addition to
translations) that are based on or incorporate all or part of the
Contribution, and to copy, publish, display, and distribute such
derivative works, or portions thereof, and
(D) to reproduce any trademarks, service marks or trade names which
are included in the Contribution solely in connection with the
reproduction, distribution or publication of the Contribution and
derivative works thereof as permitted by this Section 5.3,
provided that when reproducing Contributions, trademark and
service mark identifiers used in the Contribution, including TM
and (R) will be preserved.
5.4 Sublicenses by IETF Trust
The IETF Trust will sublicense the rights granted to it under Section
5.3 to all IETF participants for use within the IETF Standards
Process. This license is expressly granted under [TRUST LICENSE
DOCUMENT].
In addition, the IETF Trust may grant additional sublicenses of the
licenses granted to it hereunder. In doing so, the IETF Trust will
comply with the guidance provided under RFC xxx [-outbound].
5.5 No Patent License
The licenses granted in Section 5.3 shall not be deemed to grant any
right under any patent, patent application or other similar
intellectual property right disclosed by the Contributor under BCP 79
or otherwise.
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5.6. Representations and Warranties
With respect to each Contribution, each Contributor represents that
to the best of his or her knowledge and ability:
a. The Contribution properly acknowledges all major Contributors. A
major Contributor is any person who has materially or
substantially contributed to the Contribution.
b. No information in the Contribution is confidential and the IETF,
IETF Trust, ISOC, and its affiliated organizations may freely
disclose any information in the Contribution.
c. There are no limits to the Contributor's ability to make the
grants, acknowledgments and agreements herein that are reasonably
and personally known to the Contributor.
d. The Contributor has not intentionally included in the Contribution
any material which is defamatory or untrue or which is illegal
under the laws of the jurisdiction in which the Contributor has
his or her principal place of business or residence.
e. All trademarks, trade names, service marks and other proprietary
names used in the Contribution that are reasonably and personally
known to the Contributor are clearly designated as such where
reasonable.
5.7. No Duty to Publish
The Contributor, and each named co-Contributor, acknowledges that the
IETF has no duty to publish or otherwise use or disseminate any
Contribution. The IETF reserves the right to withdraw or cease using
any Contribution that does not comply with the requirements of
Section 5.3 and Section 5.4 or 5.6.
5.8. Trademarks
Contributors who claim trademark rights in terms used in their IETF
Contributions are requested to state specifically what conditions
apply to implementers of the technology relative to the use of such
trademarks. Such statements should be submitted in the same way as is
done for other intellectual property claims. (See [RFC3979] Section
6.)
5.9 Copyright in RFCs
Subject to each Contributor's (or its sponsor's) ownership of its
underlying Contributions (which ownership is qualified by the
irrevocable licenses granted under Section 5.3), each Contributor
hereby acknowledges that the copyright in any RFC in which such
Contribution is included, other than an Informational RFC or an RFC
that is an RFC Editor Contribution, shall be owned by the IETF Trust.
6. Legends, Notices and Other Standardized Text in IETF Documents
The IETF requires that certain standardized text be reproduced
verbatim in certain IETF Documents (including copies, derivative
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works and translations of IETF Documents). Some of this standardized
text may be mandatory (e.g., copyright notices and disclaimers that
must be included in all RFCs) and some may be optional (e.g.,
limitations on the right to make derivative works). The text itself,
as well as the rules that explain when and how it must be used, are
contained in the Legend Instructions. The Legend Instructions may be
updated from time to time, and the version of the standardized text
that must be included in IETF Documents is that which was posted in
the Legend Instructions on the date of publication.
The IETF reserves the right to refuse to publish Contributions that
do not include the legends required by the Legend Instructions.
It is important to note that each Contributor grants the IETF Trust
rights pursuant to this document and the policies described herein.
The legends and notices included in certain written Contributions
such as Internet-Drafts do not themselves convey any rights. They
are simply included to inform the reader (whether or not part of the
IETF) about certain legal rights and limitations associated with such
documents.
7. 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.
8. References
8.1. Normative References
[RFC2026] Bradner, S., "The Internet Standards Process -- Revision
3", BCP 9, RFC 2026, October 1996.
[RFC2028] Hovey, R. and S. Bradner, "The Organizations Involved in
the IETF Standards Process", BCP 11, RFC 2028, October 1996.
[RFC3979] Bradner, S., Ed, "Intellectual Property Rights in IETF
Technology", BCP 79, RFC 3979, March 2005.
[Trust] IETF Trust Agreement - http://iaoc.ietf.org/docs/IETF-Trust-
Agreement-Executed-12-15-05.pdf
8.2. Informative References
[RFC3978] Bradner, S. Ed., "IETF Rights in Contributions", RFC 3978,
March 2005.
[Berne] "Berne Convention for the Protection of Literary and Artistic
Work", http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html
9. Acknowledgements
The editors would like to acknowledge the help of the IETF IPR
Working Group provided during the development of the document.
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10. Editors' Addresses
Scott Bradner
Harvard University
29 Oxford St.
Cambridge MA, 02138 USA
Phone: +1 617 495 3864
EMail: sob@harvard.edu
Jorge L. Contreras
WilmerHale
1875 Pennsylvania Avenue NW
Washington, DC 20006 USA
Phone: +1 202 663 6872
Email: jorge.contreras@wilmerhale.com
Full Copyright Statement
Copyright (C) The IETF Trust (2007). 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 REPRESENTSOR
IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY, THE IETF TRUST AND
THE INTERNET ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES,
EXPRESSOR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE
USE OFTHE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY
IMPLIEDWARRANTIES 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.
Bradner & Contreras [Page 12]
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Acknowledgement
Funding for the RFC Editor function is currently provided by the
Internet Society. ??
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