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Re: ISSUE: incoming 5: work for hire

The problem David isn't whether Jorge likes it or not but whether our
Sponsor's Counsel's like this language and for them to not be involved in
codifying this as a contract makes us their 'counsel' in that process which
again most all of are neither credentialed to do or authorized in any form
for.

Todd Glassey

----- Original Message ----- From: <Black_David at emc.com>
To: <harald at alvestrand.no>
Cc: <ipr-wg at ietf.org>
Sent: Monday, December 17, 2007 6:53 AM
Subject: RE: ISSUE: incoming 5: work for hire


Harald,

Please ensure that the words "work for hire" appear in the
tracker entry.  In my view, this issue will not be closed
until counsel (Jorge) is satisfied that the carefully
crafted language is sufficient to deal with the operation
of "work for hire".

Thanks,
--David

-----Original Message-----
From: Harald Alvestrand [mailto:harald at alvestrand.no]
Sent: Monday, December 17, 2007 9:02 AM
To: Black, David
Cc: ipr-wg at ietf.org
Subject: Re: ISSUE: incoming 5: work for hire

I've taken the liberty of including this comment in #1539, since it
seems that the two issues-as-stated will be solved by the
same careful
crafting of language.

                   Harald

Black_David at emc.com wrote:
> Someone (Jorge?) should double-check that -incoming
> is consistent with the operation of the "work for hire"
> principle of copyright law, which essentially assigns
> copyright in anything created by an employee as part
> of his/her job responsibilities to his/her employer.
>
> This is mentioned in Section 2 and there is enough
> usage of "sponsored by", "organization the Contributor
> represents" and the like in Section 5 to indicate
> that "work for hire" has been considered and -incoming
> is probably ok, but an opinion from an actual lawyer
> would be helpful.
>
> There may be a need for the submission tool to give
> enough notice of "work for hire" in plain language
> (i.e., not legalese) to a submitter in order to ensure
> that section 5.6.c of -incoming applies to someone who
> doesn't have their employer's permission to submit,
> but submits anyway.
>
> Thanks,
> --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
> ----------------------------------------------------
>
> _______________________________________________
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> Ipr-wg at ietf.org
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>
>




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