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Re: #1539: incoming 5.1, 5.3: requires participation of organizations

Per the standard setup in Grimm's ruling for Lorraine v Markel here in the US this WILL NOT WORK.


Section 5.1 also contains:

   By submission of a Contribution, each person actually submitting the
   Contribution, and each named co-Contributor, is deemed to have read
   and understood the rules and requirements set forth in this document.

Nope - ALL of the documents relevent would need to be enumerated here and referring to them as an abstraction doesnt give the party relying on this enough info to make an "Informed Consent Decision" from this process

   Each Contributor is deemed, by the act of submitting a Contribution,
   to enter into a legally-binding agreement to comply with the terms
   and conditions set forth in this document, on his or her own behalf
   and on behalf of the organization the Contributor represents or is
       ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
   sponsored by (if any), when submitting the Contribution.

Which again makes the IETF liable for accepting a piece of data without the strong authentication that Judge Grimm's ruling mandates so no matter what the IETF's member's may say by creating this set of fantasy's they are just that, fantasy's and will be set aside in court.

   ^^^^^^^^^^^^^^^^^^^^^

My suggestion solution is to rephrase the text to say that Contributors
assure that they have the permission of the organization they represent
to share the contribution with the IETF.

This MUST be agreed to then by those Sponsor's and not their sonosored parties since those parties DO NOT an enforceable power of attorney for those entities. That is to say Harald - whether you like it or not.

This is like saying to the foxes while they are sitting in the hen-house "Hey you guys dont eat chicken do you" and getting a response of "we are offended that you would even ask us that!" from the foxes while they turn to respond from their actions in their shredding the chickens in the Hen House....

This would be consistent with
only working with individuals rather than external organizations.

Simon - Because the IETF say's "Hey we are not responsible for what people submit to us" is pure garbage in my opinion. You and everyone else here and our sponsor's are liable for what happens and has happened here...

Wanna bet how true this is?

Todd


/Simon

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