Improvements to section 5.{1, 2} in outbound-rights (was: Re: #1400 Opinion poll - question draft)

[Simon Josefsson <simon at josefsson.org>]

Harald Alvestrand <harald at alvestrand.no> writes:

>>> "Copy and distribute" is allowed for any part of the RFC. If that
>>> isn't clear from the rest of the document, this needs changing. But
>>> it's not what we're currently discussing.
>>>     
>>
>> The text in the document doesn't contain the word "distribute".  If I
>> remember correctly, it is currently permitted to only copy and
>> distribute entire RFCs, not parts of RFCs.
>>   
> 5.1.  Rights Granted for Reproduction of RFCs
>
>   It has long been IETF policy to encourage copying of RFCs in full.
>   This permits wide dissemination of the material, without risking loss
>   of context or meaning.  The IETF wishes to continue to permit anyone
>   to make full copies and translations of RFCs.
>
> 5.2.  Rights Granted for Quoting from IETF Contributions
>
>   There is rough consensus that it is useful to permit the quoting
>   without modification of excerpts from IETF Contributions.  Such
>   excerpts may be of any length and in any context.  Translation of
>   quotations is also to be permitted.  All such quotations SHOULD be
>   attributed properly to the IETF and the IETF document from which they
>   are taken.
>
> You're right that the word "distribute" does not occur.
> If you're suggesting that these 2 paragraphs are not clear enough in
> expressing the desire to permit distribution, that's a separate (and
> reasonable) issue. Send text.

Right, I believe that this is not sufficiently clear to be
non-ambiguous when parsed by the lawyers who will eventually write
legal text for this.  How about the following?

 5.1.  Rights Granted for Reproduction of RFCs

   It has long been IETF policy to encourage copying and distribution
   of RFCs in full.  This permits wide dissemination of the material,
   without risking loss of context or meaning.  The IETF wishes to
   continue to permit anyone to make full copies and translations of
   RFCs, and to distribute them to anyone.

5.2.  Rights Granted for Quoting from IETF Contributions

   There is rough consensus that it is useful to permit the quoting
   without modification of excerpts from IETF Contributions and
   distributing the quotes.  Such excerpts may be of any length and in
   any context.  Translation of quotations is also to be permitted.

What remain is the current last sentence of 5.2:

   All such quotations SHOULD be attributed properly to the IETF and
   the IETF document from which they are taken.

I wonder whether lawyers will understand the fine precision intended
by that SHOULD?  How about:

   All such quotations SHOULD be attributed properly to the IETF and
   the IETF document from which they are taken.  That means that there
   should be a strong recommendation that all such quotations be
   attributed, but it should not be a legal requirement for being able
   to quote a document.

I suspect that this might be a controversial change, but given that it
currently reads SHOULD and not MUST, I suspect that this is what was
intended.  Clarifying that would be useful.

Thanks,
Simon

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