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Re: Appeals [Re: Comments on draft-ietf-ipr-outbound-rights-02.txt]

On 2007-01-30 15:04, Simon Josefsson wrote:
On Tue, 2007-01-30 at 14:20 +0100, Brian E Carpenter wrote:
On 2007-01-25 08:37, Simon Josefsson wrote: 
Frank Ellermann <nobody at xyzzy.claranet.de> writes:

[URLs can be moving trgets and don't necessarily]
preserve the appeal paths.
The document could state that they should preserve it. 
I don't see how.  The current appeal path is conflated with documents,
a IETF last call and an IESG evaluation.  I'm not sure the current
appeal paths would apply to changes in legal text crafted by the IASA
and only published on their web pages.

BCP 101 establishes an appeal path for IAOC decisions. Since Trustees
equals IAOC, we're covered.


None of the appeal paths described in BCP 101 appear to have any powers
over legal contract matters.  Which, when I read it, seems to include
everything we are discussing here.

   In no circumstances may the IAB or
   ISOC Board of Trustees overturn a decision of the IAOC that involves
   a binding contract ...

As far as I can tell, the only body that can review the IAOC's behaviour
related to contract matters is the IAOC itself.


I disagree with that interpretation. That clause was put in BCP 101
to protect contractors such as Neustar. I don't see how it could apply
to a general grant of license. It is of course correct that if the Trust
granted some right irrevocably, nothing anybody could do would
get that right back again - but we always have that problem.

The IETF may have
powers to replace members of the IAOC, however making appeal matters be
conflated with personal considerations is in my experience extremely
unfortunate and often leads to both hurt feelings and poor efficiency.


Sure, but it is the case that IAB, IESG and IAOC members are all aware that
we serve at the pleasure of the community.

    Brian

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