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Re: Form of incorporation of organizations (Re: Software as Goods... - UCC Article 9, def #44)



Harald - until Jorge is willing to publicly state that RFC's are not goods and contain no goods, my commentary stands...

As such I again assert that I believe that RFC's are indeed 'goods' or at least controlled in the US by 'goods' laws if they contain 'goods'... that said, obviously not all RFC's would qualify, but any that contained code samples would be classifiable as such whether the code was delivered as a plain-text (precompiled) or binary additions one would think.

Todd

----- Original Message ----- From: "Harald Alvestrand" <harald at alvestrand.no>
To: "Graham Murray" <graham at gmurray.org.uk>
Cc: <ipr-wg at ietf.org>
Sent: Friday, May 18, 2007 6:42 AM
Subject: Form of incorporation of organizations (Re: Software as Goods... - UCC Article 9, def #44)



Graham Murray wrote:
Todd Glassey <tglassey at earthlink.net> writes:


But hey, I could be wrong, except this is so important an issue, if I
am wrong the IETF should formally document that by having its counsel
represent that the IETF's IP's and processes as an American Corporate
Entity is not controlled by US Law, but I am betting money that Jorge
wont...


Therein lies what is probably the "root" of the problem - that IETF is an American Corporate Entity. The Internet and IETF are international in scope, and IETF has members and contributors from many countries. So is it right that the Internet standards authority's processes are subject the rules of a single (albeit very large) jurisdiction? What is the status (in terms of incorporation, IP rights of contributors, jurisdiction of processes etc) of other international technical standards bodies such as ISO, ITU, CENELEC, ECMA, ETSI etc., are they bound by the rules of a single state?
ITU is an UN organization, and thereby above the law of *any* country.

I believe all the other ones have a corporate nexus that is inside a single state; ISO's secretariat is in Geneva, and therefore subject to Swiss law, but it's a membership organization where the members are national standards institutes.

I don't think this is a big problem; it's just part of what we have to do in order to work in the real world. And RFCs are still not "goods" by any stretch of *my* imagination.

Harald




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