Sanctions Available for Application to Violators of IETF IPR Policy
RFC 6701
Document | Type |
RFC - Informational
(August 2012; No errata)
Was draft-farrresnickel-ipr-sanctions (individual in gen area)
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Authors | Adrian Farrel , Pete Resnick | ||
Last updated | 2018-12-20 | ||
Stream | IETF | ||
Formats | plain text html pdf htmlized bibtex | ||
Reviews | |||
Stream | WG state | (None) | |
Document shepherd | No shepherd assigned | ||
IESG | IESG state | RFC 6701 (Informational) | |
Action Holders |
(None)
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Consensus Boilerplate | Unknown | ||
Telechat date | |||
Responsible AD | Russ Housley | ||
Send notices to | stephen.farrell@cs.tcd.ie |
Internet Engineering Task Force (IETF) A. Farrel Request for Comments: 6701 Juniper Networks Category: Informational P. Resnick ISSN: 2070-1721 Qualcomm August 2012 Sanctions Available for Application to Violators of IETF IPR Policy Abstract The IETF has developed and documented policies that govern the behavior of all IETF participants with respect to Intellectual Property Rights (IPR) about which they might reasonably be aware. The IETF takes conformance to these IPR policies very seriously. However, there has been some ambiguity as to what the appropriate sanctions are for the violation of these policies, and how and by whom those sanctions are to be applied. This document discusses these issues and provides a suite of potential actions that can be taken within the IETF community in cases related to patents. Status of This Memo This document is not an Internet Standards Track specification; it is published for informational purposes. This document is a product of the Internet Engineering Task Force (IETF). It represents the consensus of the IETF community. It has received public review and has been approved for publication by the Internet Engineering Steering Group (IESG). Not all documents approved by the IESG are a candidate for any level of Internet Standard; see Section 2 of RFC 5741. Information about the current status of this document, any errata, and how to provide feedback on it may be obtained at http://www.rfc-editor.org/info/rfc6701. Farrel & Resnick Informational [Page 1] RFC 6701 Sanctions for Violators of IETF IPR Policy August 2012 Copyright Notice Copyright (c) 2012 IETF Trust and the persons identified as the document authors. All rights reserved. This document is subject to BCP 78 and the IETF Trust's Legal Provisions Relating to IETF Documents (http://trustee.ietf.org/license-info) in effect on the date of publication of this document. Please review these documents carefully, as they describe your rights and restrictions with respect to this document. Code Components extracted from this document must include Simplified BSD License text as described in Section 4.e of the Trust Legal Provisions and are provided without warranty as described in the Simplified BSD License. 1. Introduction The IETF has developed and documented policies that govern the behavior of all IETF participants with respect to intellectual property about which they might reasonably be aware. These are documented in RFC 3979 [BCP79] and are frequently brought to the attention of IETF participants. This document summarizes and references those policies, but does not replace or stand in for the full statement of the policies found in [BCP79]. Readers and IETF participants need to be aware of the content of [BCP79]. The policies set out in RFC 3979 [BCP79] state that each individual participant is responsible for disclosing or ensuring the disclosure of Intellectual Property Rights (IPR) where all of the following apply: - they are aware of the IPR - the IPR is relevant to the IETF work they are participating in - the IPR is owned by the individual or by a company that employs or sponsors the individual's work. Conformance to these IPR policies is very important, and there is a need to understand both what sanctions can be applied to participants who violate the policies, and who is in a position to apply the sanctions. This document discusses these issues and provides a suite of potential actions that can be taken within the IETF community in cases related to patents. All of these sanctions are currently available in IETF processes, and at least two instances of violation of the IPR policy have been handled using some of the sanctions Farrel & Resnick Informational [Page 2] RFC 6701 Sanctions for Violators of IETF IPR Policy August 2012 listed. As explicitly called out in Section 4, a posting rights (PR) action (described in [BCP25] and [RFC3683]) is an applicable sanction for the case of a breach of the IETF's IPR policy. Note: This document specifies some administrative sanctions that can be imposed by and through IETF administrative processes. In particular, this document does not address or limit other legal sanctions, rights, or remedies that are available outside of the IETF or any of the legal rights or remedies that anyone has regarding IPR. This document does not consider the parallel, but important, issue of ways to actively promote conformance with the IETF's IPR policy.Show full document text