Re: #1515: Incoming 5.6: "Contributor" used with 2 meanings

["TS Glassey" <tglassey at earthlink.net>]

Brian - while I understand the need to drag ones feet kicking and screaming 
into the future, we need to just bite the bullet - address a competent IP 
process with real delimiting and real liability limiting language.

The IP transfer process thus needs to be rock-solid and it has to be strong 
enough so that the relying parties know where to formally start and aim 
their diligence. This is further impacted by the IETF release which prevents 
the recalling of the IP so its even more important that the IETF's IP 
conveyance process be beyond question.

So how about this:

=============

With respect to each Contribution, each Contributor represents that they 
assume all liability for the IETF's publication of this Intellectual 
Property; further that

   a. The contributors represent they own, control or represent the IP 
interest's of their sponsor's in
       submitting this Intellectual Properties to the IETF for publication; 
further that
   b. The Contribution properly acknowledges all Direct and Indirect 
Contributors per the US Copyright Act's requirements.

      Definitions:
      An Indirect Contributor is any person who has materially or
     substantially contributed to the Contribution without being
     personally involved in its submission to the IETF.

      A Direct Contributor is an individual working significantly on
      the vetting of any Intellectual Property within the IETF
      Standards Workflow, or an individual participating in the
      core genesis of said Intellectual Property(ies).

      The IETF Vetting Process includes the detailed analysis,
       review, design modeling, and then commentary inside
       the IETF's Standards Workflow and Process. Casual
       commentary is not considered as participating in the
       formal vetting which is the key component of the IETF
       Consensus-Based Standard's Process.

----- Original Message ----- 
From: "Brian E Carpenter" <brian.e.carpenter at gmail.com>
To: "Harald Alvestrand" <harald at alvestrand.no>
Cc: "Simon Josefsson" <simon at josefsson.org>; <ipr-wg at ietf.org>
Sent: Wednesday, December 19, 2007 7:02 PM
Subject: Re: #1515: Incoming 5.6: "Contributor" used with 2 meanings


> > > Section 5.6 says:
> > >
> > >    With respect to each Contribution, each Contributor represents that
> > >    to the best of his or her knowledge and ability:
> > >
> > >    a. The Contribution properly acknowledges all major Contributors. A
> > >       major Contributor is any person who has materially or
> > >       substantially contributed to the Contribution.
> > >
> > > There is a corner case here.  If someone who didn't submit a
> > > Contribution did substantially contribute to the Contribution, is she a
> > > Contributor or not?  (major or otherwise)
>
> Maybe this should be rewritten like this:
>
>    With respect to each Contribution, each Contributor represents that
>    to the best of his or her knowledge and ability:
>
>    a. The Contribution properly acknowledges all Indirect Contributors. An
>       Indirect Contributor is any person who has materially or
>       substantially contributed to the Contribution without being
>       personally involved in its submission to the IETF.
>
> However, I'd like to hear from counsel whether we should say anything
> about rights of Indirect Contributors.
>
>     Brian
>
>
> _______________________________________________
> Ipr-wg mailing list
> Ipr-wg at ietf.org
> https://www1.ietf.org/mailman/listinfo/ipr-wg 


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