Re: Stupid question: How are "the rights to represent theSponsor" as codified in BCP78 and BCP79...

["todd glassey" <tglassey at earthlink.net>]

David -
Do EMC's lawyers regularly review the participation requirements in the IETF
too since they clearly effect them as well, and even if they do, with the
current processes in place today, how would the IETF be able to prove this?

My point in asking that rhetorically is that I think there needs to be is a
formal release between the IETF and the WFH sponsors universally, and this
doesn't exist now. The other problem is that this also creates a liability
for the Sponsor's that they have been ducking around by the IETF's claiming
it doesn't exist.

The problem is if the Sponsored has legal power of attorney for the
submission of IP to the IETF then they also carry with that a liability for
their actions and in fact all the actions in the WG they are part of.



Todd (IAKAL) Glassey

**non Lawyer legal disclaimers apply

----- Original Message ----- 
From: <Black_David at emc.com>
To: <simon at josefsson.org>
Cc: <ipr-wg at ietf.org>
Sent: Friday, December 14, 2007 8:03 AM
Subject: RE: Stupid question: How are "the rights to represent
the Sponsor" as codified in BCP78 and BCP79...


Simon,

> >> > The IETF works with individual contributors, full stop.
> >>
> >> Good, maybe the BCP 78 legalese about some contributors
> >> "representing an organization" can be removed or trimmed
> >> or clarified.
> >
> > Complete removal is not an option, courtesy of "work for hire":
> > http://en.wikipedia.org/wiki/Work_for_hire
>
> Right, but the text shouldn't say that organizations grant
> the IETF some
> rights.  I believe section 5.1 of -incoming currently says that.

I believe that "shouldn't" is incorrect ...

When "work for hire" applies, the copyright rights that -incoming
requires for the IETF have to come from the employer, not the
individual.  If -incoming winds up with language that obtains
rights only from the individual and not from the employer, then
when "work for hire" applies, IETF gets no rights (which would
not be a good thing).

I am subject to "work for hire", and I do have my employer's
permission to submit the Internet-Drafts that I author, so IETF
does get the copyright licenses that it needs, but those licenses
come from my employer (EMC), not me as an individual.

Sorry,
--David
----------------------------------------------------
David L. Black, Distinguished Engineer
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
----------------------------------------------------

_______________________________________________
Ipr-wg mailing list
Ipr-wg at ietf.org
https://www1.ietf.org/mailman/listinfo/ipr-wg


_______________________________________________
Ipr-wg mailing list
Ipr-wg at ietf.org
https://www1.ietf.org/mailman/listinfo/ipr-wg