Re: IPR Questions Raised by Sam Hartman at the IETF 73 Plenary

[SM <sm at resistor.net>]

At 13:41 16-12-2008, Sam Hartman wrote:
> For what it is worth, I as an individual support the new rules, and 
> believe Russ gave me a fine answer.

You asked a good question.

> I would not support turning this into a choice.

According to a message [1] posted by the IETF Chair, the updated 
boilerplate is required as from December 16.  There was a Last Call 
on December 16 for draft-ietf-sieve-managesieve.  There is a 
sub-section in that I-D that is similar to text found in RFCs on the 
Standard Track.  Previously, reuse of text as part of the Standard 
Process wasn't an issue.  One could even argue that the reuse of some 
text falls under the doctrine of "fair use".

If I were to send comments pointing out that some parts of the 
document are not in line with what RFC 5378 prescribes, the IESG may 
have to determine whether BCP 78 and BCP 79 were followed even if the 
IETF "takes no position regarding the validity or scope of any 
Intellectual Property Rights or other rights".

1. http://www.ietf.org/mail-archive/web/ietf-announce/current/msg05509.html

Regards,
-sm 

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