RE: ANNOUNCEMENT: The IETF Trustees invite your comments onrevised proposed legend text to work-around the Pre-5378 Problem

[John C Klensin <john-ietf at jck.com>]

--On Saturday, January 24, 2009 9:17 -0500 Dave Nelson
<d.b.nelson at comcast.net> wrote:

> Paul Hoffman writes...
> 
>> Is the Trust OK with this being in essentially every single
>> IETF  document for many years to come?
> 
> Unfortunately, it seems to me that's exactly the corner into
> which we are painting yourselves, for any document that
> involves significant re-use of material, i.e. beyond the "fair
> use" exception.

That corner at least has a floor.   The rest of the virtual room
seems to have a deep hole where one would expect a floor to be.
People who step into that hole get to spend their IETF work time
worrying about IPR releases rather than technology... or
assuming that probably no one will sue them either way.  The
latter is always going to be a personal choice, supported (or
not) by whatever legal advice one happens to get.

And, while IANAL, my understanding from what we've been told
repeatedly is that "fair use exemption" is a US concept, so your
sentence should stop after "significant re-use of material"

   john



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