Network Working Group S. Bradner Internet-Draft Harvard University Jorge Contreras WilmerHale Editors July 2006 RFC 3978 Update 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 20, 2006. Abstract This document modifies RFC 3978 "IETF Rights in Contributions" by recognizing that the IETF Trust is now the proper custodian of all IETF-related intellectual property rights. Copyright Notice Copyright (C) The Internet Society. (2006) 1. Introduction Contreras & Bradner [Page 1] Internet-Draft RFC 3978 Update July 2006 1.1 IETF Trust Currently the IETF requires that authors of Contributions to the IETF grant to the IETF (meaning the full set of participants in the IETF Standards Process) a limited set of non-exclusive rights and permissions as part of the process of submitting such Contribution. These rights and permissions are detailed in "IETF Rights in Contributions" (RFC 3978 - BCP 78) [RFC3978]. The IETF Trust was recently formed to act as the administrative custodian of all copyrights and other intellectual property rights relating to the IETF Standards Process that had previously been held by ISOC (See [reference to IETF Trust Agreement]). This document modifies RFC 3978 in order to implement this structure. Most importantly, it alters the license-grant path as follows: whereas previously authors of Contributions to the IETF would grant a license both to ISOC and to all IETF participants, it is now proposed that such authors grant a license to the IETF Trust (in Section 3.3), and that the IETF Trust concurrently grant the necessary corresponding licenses to all IETF participants (in a new Section 3.7). In addition, under new Section 3.8 the IETF Trust will be able to grant limited rights to third parties consistent with current IETF practice and rules under RFC 3978 (such as the right to reproduce IETF documents in unmodified form and to extract and modify code from IETF Documents). This document is not intended to alter or expand the rights that may be granted to third parties. 1.5 No Retroactive Effect The rights granted under this memo starts with the publication of this memo as an RFC. This memo does not retroactively obtain these rights from Contributions that predate the publication of this memo as a RFC. Accordingly, the legends and other text accompanying this memo still reflect the provisions of RFC 3978, even though those provisions will be amended once this memo is published as an RFC. 1.6 Normative versus Informative references Section 1 of this memo is intended to be informative only. Section 2 of this memo is normative. 2. UPDATES TO RFC 3978 2.1 RIGHTS GRANTED BY CONTRIBUTORS TO IETF TRUST - UPDATE TO SECTION 3.3 The following text describes the rights that are granted by each Contreras & Bradner [Page 2] Internet-Draft RFC 3978 Update July 2006 Contributor to the IETF Trust and replaces Section 3.3 of RFC 3978 in full: "3.3. Rights Granted by Contributors to 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, provided that the IETF Trust shall have the right to sublicense these rights solely to the extent described in Section 3.7 and 3.8 below: (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, and to copy, publish, display, and distribute such translations or portions thereof, (C) unless explicitly disallowed in the notices contained in a Contribution [as per Section 5.2 below], 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, 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 3.3, provided that when reproducing Contributions, trademark and service mark identifiers used in the Contribution, including TM and (r) will be preserved. The licenses granted in this Section 3.3 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." 2.2 RIGHTS GRANTED BY IETF TRUST TO IETF PARTICIPANTS - NEW SECTION 3.7 Now that Contributors are granting rights to the IETF Trust, the IETF Trust must state what rights are being granted to IETF Participants to enable the IETF to accomplish its work. Accordingly, the following Section 3.7 is added. This section simply repeats the license grants from Section 3.3 that are intended to be granted to Contreras & Bradner [Page 3] Internet-Draft RFC 3978 Update July 2006 all IETF Participants within the IETF Standards Process. The following new Section 3.7 is hereby added to RFC 3978: "3.7 Rights granted by IETF Trust to IETF Participants within the IETF Standards Process The IETF Trust hereby grants to each IETF Participant, to the greatest extent that it is permitted to do so under the licenses granted to it under Section 3.3 above, the following perpetual, irrevocable, non-exclusive, royalty-free, world-wide rights and licenses under all copyrights and other rights of authors, which rights may be exercised solely within the IETF Standards Process: (A) to copy, publish, display, and distribute each IETF Document (including all Contributions and other portions thereof) in unmodified form, (B) to prepare translations of IETF Documents (including all Contributions and other portion thereof) into languages other than English, and to copy, publish, display, and distribute such translations, (C) unless explicitly disallowed in the notices contained in an IETF Document [as per Section 5.2 below], to modify or prepare derivative works (in addition to translations) that are based on or incorporate all or part of the IETF Document (including any Contribution included therein), 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 a Contribution solely in connection with the reproduction, distribution or publication of the Contribution and derivative works thereof as permitted by this Section 3.7, provided that when reproducing Contributions, trademark and service mark identifiers used in the Contribution, including (TM) and (r) will be preserved." 2.3 RIGHTS GRANTED BY IETF TRUST TO THIRD PARTIES - NEW SECTION 3.8 Under the licenses granted by Contributors in Section 3.3, the IETF Trust has the ability to grant rights in Contributions and other portions of IETF Documents to third parties for use outside the IETF Standards Process. One such right is the right to copy and republish IETF Documents without modification. Another right is to use and modify code extracts from IETF Documents. These rights are not new, and they currently exist in RFC 3978. They are included in Contreras & Bradner [Page 4] Internet-Draft RFC 3978 Update July 2006 this new section only due to the introduction of the IETF Trust to this structure. Other rights may be granted by the IETF Trust to third parties as and when authorized by future documents approved by the IETF community. The following new Section 3.8 is hereby added to RFC 3978: "3.8 Rights Granted by the IETF Trust to Third Parties The IETF Trust hereby grants to any person wishing to obtain such rights, to the greatest extent it is permitted to do so, the following perpetual, irrevocable, non-exclusive, royalty-free, world-wide rights and licenses under all copyrights and other rights of authors, which rights may be exercised within or outside the IETF Standards Process: (A) to copy, publish, display, and distribute each IETF Document (including all Contributions and other portions thereof) in unmodified form, (B) to prepare translations of IETF Documents (including all Contributions and other portions thereof) into languages other than English, and to copy, publish, display, and distribute such translations, (C) to extract, modify, incorporate into other works, copy, publish, display, and distribute executable code or code fragments that are included in any IETF Document (such as MIB and PIB modules), subject to the notification requirements of Section 5." 2.4 LEGENDS, NOTIFICATIONS AND ERRATA The following provisions of RFC 3978 are hereby updated as set forth below to reflect the introduction of the IETF Trust to this structure. 1) In Sections 5.4 and 5.6 of RFC 3978, all occurrences of "Internet Society" or "ISOC" are replaced by "IETF Trust". 2) In Section 5.5 of RFC 3978, ", THE IETF TRUST" is inserted after "INTERNET SOCIETY". 3) The two sentences of Section 4.2(a)(C) are combined into a single sentence separated by a comma. 4) In Section 7.1, all occurrences of "Internet Society" or "ISOC" are replaced by "IETF Trust". Contreras & Bradner [Page 5] Internet-Draft RFC 3978 Update July 2006 5) The section reference at the end of the first paragraph of Section 7.3 is changed from 3.3(E) to 3.3(C). 6) In Section 8, ", the IETF Trust" is inserted after "ISOC". 7) In order to clarify that Contributors are bound by all provisions of RFC 3978 upon submission of a Contribution to the IETF, the following paragraph is moved from Section 3.3 to the end of Section 3.1, with clarifying adjustments: "By submission of a Contribution, each person actually submitting the Contribution, and each named co-Contributor, is deemed to agree to 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." 8) Because it is necessary in this document to refer to individual IETF participants, the following sentence is added at the end of the definition of "IETF" in Section 1(a) of RFC 3978: "An "IETF Participant" shall mean any such individual participant." 7. References 7.1. Normative References [RFC 3978] Bradner, S., Ed., "IETF Rights in Contributions", BCP 78, RFC 3978, March 2005. [BCP 101] Austein, R., and B. Wijnen, "Structure of the IETF Administrative Support Activity (IASA)," BCP 101, RFC 4071, April 2005. [IETF Trust Agreement?] 8. Editors's Addresses Scott Bradner Harvard University 29 Oxford St. Cambridge MA, 02138 Phone: +1 617 495 3864 EMail: sob@harvard.edu Contreras & Bradner [Page 6] Internet-Draft RFC 3978 Update July 2006 Jorge L. Contreras WilmerHale 1875 Pennsylvania Avenue NW Washington, DC 20006 USA Phone: +1 202 663 6872 Email: jorge.contreras@wilmerhale.com 9. Full copyright statement Copyright (C) The Internet Society (2006). 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 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. 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. Acknowledgement Funding for the RFC Editor function is currently provided by the Contreras & Bradner [Page 7] Internet-Draft RFC 3978 Update July 2006 Internet Society. Changes Note to RFC Editor - remove this section if this document is published as an RFC version 3 to version 4 major rewrite based on input from Jorge version 4 to version 5 various places cleaned up removal of outbound rights version 5 to version 6 added section 2.3 added a new section 4 and renumbered the old section 4 and the sections following version 6 to version 7 many changes - redo to focus only on enabling the IETF Trust Contreras & Bradner [Page 8]