For the WG - My apologies for this legal analysis - and note I am not a
lawyer, but read along with me and see if this doesn't make sense to you
too... As to where this came from, Bill and I continued our discussion
offlist but this is important and I wanted to have this in the record
of the
WG.
BTW - I propose that Jorge formally verify this or debunk it...
The IETF and its operations
----------------------------------------
There was a discussion (between Bill and others and myself) as to whether
the wares of the IETF constitute 'Goods' as described in the UCC or
not. The
issue is that the secure transfer of the title to goods can be documented
through the requirements of the UCC and my commentary was that the IETF
processes must comply with these by law.
So let me jump right in: See Article 9 -102 (a)(44) for details...
http://www.law.cornell.edu/ucc/9/article9.htm ,
As it happens the IETF's processes, if they are supposed to be a SALE
would
be constrained under Article 2 of the Uniform Commercial Code but since
there are not the other aspects of a SALE type process, I believe that
the
Secure Transaction Section of the UCC is more applicable meaning that the
In Article 9 we read that "Software is a 'Good's type entity if its
embedded
or the functionality of the 'good' itself is predicated on that SW's
existence" (my paraphrasing), and while there I suggest reviewing some of
the other key words there as well, like "Authenticate" - Something
that the
IETF's submission process 'does not do today' IMHO.
Here then is #44:
-----------
(44) "Goods" means all things that are movable when a security interest
attaches. The term includes (i) fixtures, (ii) standing timber that is
to be
cut and removed under a conveyance or contract for sale, (iii) the unborn
young of animals, (iv) crops grown, growing, or to be grown, even if the
crops are produced on trees, vines, or bushes, and (v) manufactured
homes.
The term also includes a computer program embedded in goods and any
supporting information provided in connection with a transaction
relating to
the program if (i) the program is associated with the goods in such a
manner
that it customarily is considered part of the goods, or (ii) by
becoming the
owner of the goods, a person acquires a right to use the program in
connection with the goods. The term does not include a computer program
embedded in goods that consist solely of the medium in which the
program is
embedded. The term also does not include accounts, chattel paper,
commercial
tort claims, deposit accounts, documents, general intangibles,
instruments,
investment property, letter-of-credit rights, letters of credit,
money, or
oil, gas, or other minerals before extraction.
------------
Wherein we see that:
"The term (Goods) also includes a computer program embedded in goods
and any
supporting information provided in connection with a transaction
relating to
the program if (i) the program is associated with the goods in such a
manner
that it customarily is considered part of the goods, or (ii) by
becoming the
owner of the goods, a person acquires a right to use the program in
connection with the goods."