Copyrighted RFC Code

[Simon Josefsson <simon at josefsson.org>]

"Contreras, Jorge" <Jorge.Contreras at wilmerhale.com> writes:

>> I did not specially mention the patent issue. Even if there is no
>> patent, I cannot use at will software written by someone else unless
>> there is a *specific* authorization to do so. This is this
>> authorization that we miss.
>>
> 3.3.a.E gives this authorization, but excluding patents.

There seems to be disagreement about that.  Is there support for
updating BCP 78 to clarify the above?

The current text (the parenthesis) appears to be permissive about the
_purpose_ of the rights granted, but does not modify _whom_ is given
those rights.  Scott Bradner's draft-bradner-rfc-extracts-00 confirm
that interpretation, as does the FSF and debian-legal's
interpretations, if I remember correctly.

In other words, change:

    (E) to extract, copy, publish, display, distribute, modify and
        incorporate into other works, for any purpose (and not limited
        to use within the IETF Standards Process) any executable code
        or code fragments that are included in any IETF Document (such
        as MIB and PIB modules), ...

into:

    (E) to extract, copy, publish, display, distribute, modify and
        incorporate into other works, for any purpose (and not limited
        to use within the IETF Standards Process) and by anyone
                                                  -------------
        (including third parties) any executable code or code
        -------------------------
        fragments that are included in any IETF Document (such as MIB
        and PIB modules), ...

I underlined the modified part.

This modification would improve the copyright-aspect of this problem
until the other work that this WG is doing is finished.  Timing is an
issue here, since new rules in this area cannot apply retroactively
(as far as I understand).  Until this is fixed in BCP 78, each
document that contain code would need additional text to give the
necessary rights to third parties.

/Simon

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