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Trust stuff (Re: New version of my proposal posted)



--On 4. november 2005 15:21 +0100 Simon Josefsson <jas at extundo.com> wrote:

| Initial contributed IPR shall be (as far as the parties' rights extend):
|
| -   Trademarks
| -   Domain names
| -   Current databases, mailing lists, web pages, working group
|     and IESG materials
| -   Current I-Ds and RFCs
| -   Rights in extracted historical data (records of past meetings,
|      past I-Ds and RFCs and their processing history)
`----

I also note that this would include past I-Ds and RFCs, which if I
understood Jorge correctly, would be legally questionable.  It doesn't
seem like the IPR Trust would have the rights to grant others rights
to past I-Ds or RFCs.


just to put this distraction on a different subject line....

the IPR language is, I believe, intended as a "quitclaim", not a "make-claim" - the settlors (ISOC and CNRI) declare that any rights they have is now vested in the trust, and do so without specifying anything about what those rights are.

The purpose is not to create new claims of rights for the IETF Trust, but to make sure that there cannot be any later discussion about who (between CNRI, ISOC and the IPR trust) owns rights that have been granted "to the IETF" - after the agreement, it all belongs to the trust.

The authors are not part of the agreement; they have exactly the same rights as before (whatever that is). Being specific about that would probably have tied up the trust creation in legal knots for another few years.....

My understanding, and I'm STILL not a lawyer....

                    Harald



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