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

[TSG <tglassey at earthlink.net>]

Contreras, Jorge wrote:
> Larry - thank you for your contribution!
>  
>   
> > I further want to comment that, as far as I can tell, it may 
> > not even be
> > necessary to get *everyone* to sign. Here's the reason: Most 
> > RFCs are joint
> > works. Quoting (FWIW) from my own book on the subject of licensing:
> >
> > "In the United States, unless they agree otherwise, each of the joint
> > authors may separately license a joint work--and all of its 
> > parts--without
> > the consent of any of the other joint authors, and every 
> > author must account
> > to the other authors for their share of the profits derived from the
> > license. Consult local law to determine whether one owner of 
> > a joint work
> > may license without the consent of the others or must account 
> > to the others
> > for his or her licensing revenue."
> >     
>
> The problem lies with collective works, rather than joint works.  
Lets identify these then... these are perhaps Publication Desk vs. 
NoteWell type submissions?

> In
> some cases, the multiple authors of IETF documents have each made
> distinct contributions (i.e., sections or distinct text) rather than
>   
i.e. identifiable components of contributions
> collaborating to produce joint text.  Unfortunately it is not possible,
> in hindight, to determine whether works with multiple authors are joint
> works or collective works.  
>   
Why not just ask them???. All authors have a responsibility to maintain 
their contact info, otherwise it is easily argued that they abandoned 
their claims in that IP.
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