On Fri, 14 Dec 2007, Brian E Carpenter wrote:
I don't mean that the IETF should wilfully ignore rights; but we
*presume* that contributors aren't misrepresenting their rights when
they make a contribution.
We can presume that, but in the case where someone has misrepresented
their rights to contributed works, the IETF doesn't magically get the
rights to them either.
If a party other than the contributor later asserts that the
contributor misrepresented their rights, that would obviously end up
in the hands of the IETF's counsel. This has happened, extremely
rarely, and been resolved by negotiation. It's unlikely to be
clear-cut, though.
Indeed, thus "the IETF has the right to make derivative works in any
case" is not correct. [Fruit of a poisoned tree, et al.]
To cause problems such as this from breaking out at all is why it's
generally a good idea to require contributor's employers to waive
rights specifically in writing.
Don Armstrong
--
Fate and Temperament are two words for one and the same concept.
-- Novalis [Hermann Hesse _Demian_]
http://www.donarmstrong.com http://rzlab.ucr.edu
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