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




----- Original Message ----- From: "Harald Alvestrand" <harald at alvestrand.no>
To: <ipr-wg at ietf.org>
Sent: Friday, December 21, 2007 12:06 AM
Subject: #1539 proposed resolution: Incoming 5.1 and 5.3: Language referring to contributors' sponsors



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.

This DOESNT work. It MUST certify that all of the key documents are read and agreed to. That means the language MUST read something to closer to


5.1. General Policy
By submission of a Contribution, each person actually submitting the
Contribution, and each named co-Contributor, certifies that they have read and agree to the terms and conditions for submitting IP for vetting to the IETF.

 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.

The term DEEMED here means "We assume" and that isnt binding in this instance since your assumption is not in compliance with the expectations of the submitters.


  No further
  acknowledgement, signature or other action is required to bind a
  Contributor to these terms and conditions.

The problem is that this doesnt meet US or other IP Conveyance requirements in the US and/or other jurisdictions.


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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