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

[Black_David at emc.com]

Todd,

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

I'm not Jorge, but I'll debunk this whole topic for you.

Article 9 of the UCC does not apply to anything IETF does in
publishing Internet-Drafts or RFCs, because none of those
publishing activities is within Article 9's scope.

Here's the scope of Article 9, directly from the link in your message
(http://www.law.cornell.edu/ucc/9/article9.htm):

	9-109. SCOPE.

	(a) [General scope of article.]

	Except as otherwise provided in subsections (c) and (d), this
	article applies to:

	(1) a transaction, regardless of its form, that creates a
security
		interest in personal property or fixtures by contract;

	(2) an agricultural lien;

	(3) a sale of accounts, chattel paper, payment intangibles, or
promissory notes;

	(4) a consignment;	

	(5) a security interest arising under Section 2-401, 2-505,
2-711(3),
		 2A-508(5), as provided in Section 9-110; and

	(6) a security interest arising under Section 4-210 or 5-118.

	(b) [Security interest in secured obligation.]

	The application of this article to a security interest in a
secured
	obligation is not affected by the fact that the obligation is
itself
	secured by a transaction or interest to which this article does
not apply.

Subsections (c) and (d) further narrow the scope of article 9.

Items (2), (3) and (4) in the 9-109(a) list do not apply to the IETF
activities we are discussing.  The remaining items all involve a
"security interest".

A "security interest" is an interest in property that is used to
secure (assure) payment (e.g., of a debt) or performance of an
obligation.

Nothing the IETF does in publishing RFCs or Internet-Drafts creates
security interests in published copies of those documents.  Since
we're dealing with outbound rights in this discussion, in order to
argue otherwise, it's necessary to explain how a security interest
could attach to the electronic copy of an RFC or Internet-Draft as
a consequence of downloading that copy, and whether that security
interest would be enforceable (hint: in order to enforce a security
interest, one has to have something of value to enforce it against
- due to the widespread free availability of RFCs and Internet-Drafts,
electronic copies of them have no economic value).

Please do read at least the scope and applicability provisions of
laws *before* posting about them.

--David 
----------------------------------------------------
David L. Black, Senior Technologist
EMC Corporation, 176 South St., Hopkinton, MA  01748
+1 (508) 293-7953             FAX: +1 (508) 293-7786
black_david at emc.com        Mobile: +1 (978) 394-7754
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