RE: #1539 proposed resolution: Incoming 5.1 and 5.3: Language referring to contributors' sponsors

[Black_David at emc.com]

Harald,

This is close (and I'd like to hear Jorge's opinion), but I'm
concerned that "work for hire" may escape.  The failure mode of
concern is that an individual Contributor covered by "work for
hire" grants a copyright license that doesn't bind the employer
(owner of the copyright).  The resulting copyright license may
be simultaneously valid (no legal defects) and vacuous (doesn't
do anything because the Contributor doesn't control the copyright).
It's not clear to me whether the proposed "obtained the necessary
permissions" language in 5.1 is sufficient to block this "valid
and vacuous" copyright license scenario.

While I know what we would like, I think it's more important to
have our legal expert (Jorge) tell us what will actually get the
job done, and hence I'm not going to propose alternate language
in this message.

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
----------------------------------------------------

> I suggest that we modify 5.1 and 5.3 as follows:
> 
> 5.1:
> 
> <OLD>
> 
> 5.1. General Policy
>    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.
>    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.  No
further
>    acknowledgement, signature or other action is required to bind a
>    Contributor to these terms and conditions.  The operation of the
IETF
>    and the work conducted by its many participants is dependent on
such
>    agreement by each Contributor, and each IETF participant expressly
>    relies on the agreement of each Contributor to the terms and
>    conditions set forth in this document.
> 
> <NEW>
> 
> 5.1. General Policy
>    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.
>    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.
> 
>    The Contributor is further deemed to have agreed that he/she has
>    obtained the necessary permissions to enter into such an agreement
>    from any party that the Contributor reasonably and personally knows
>    may have rights in the Contribution, including, but not limited
>    to, the Contributor's sponsor or employer.
> 
>    No further
>    acknowledgement, signature or other action is required to bind a
>    Contributor to these terms and conditions.  The operation of the
IETF
>    and the work conducted by its many participants is dependent on
such
>    agreement by each Contributor, and each IETF participant expressly
>    relies on the agreement of each Contributor to the terms and
>    conditions set forth in this document.
> 
> 5.3:
> 
> <OLD>
> 
>    To the extent that a Contribution or any portion thereof is
protected
>    by copyright or other rights of authorship, the Contributor, and
each
>    named co-Contributor, and the organization he or she represents or
is
>    sponsored by (if any) grant a perpetual, irrevocable,
non-exclusive,
>    royalty-free, world-wide sublicensable right and license to the
IETF
>    Trust under all such copyrights and other rights in the
Contribution:
> 
> <NEW>
> 
>    To the extent that a Contribution or any portion thereof is
protected
>    by copyright or other rights of authorship, the Contributor, and
each
>    named co-Contributor grant a perpetual, irrevocable, non-exclusive,
>    royalty-free, world-wide sublicensable right and license to the
IETF
>    Trust under all such copyrights and other rights in the
Contribution:
> 
> That is - simply delete the reference to the sponsor here; the
statement under
> "general policy" should be enough.
> 
> I believe this resolution is in accordance with the expressed wishes
of 
> the WG to have the problem of getting permission to post be the 
> contributor's problem, not the IETF's.
> 
> Comments?
> 
>                      Harald

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