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)
|
|
|---|---|---|---|
| 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) | |
| 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.
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