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

[Harald Alvestrand <harald at alvestrand.no>]

Black_David at emc.com skrev:
> 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.
>   
At the moment, in the absence of a continuous dialogue with legal
counsel, I think the best we can do is to make text that explains to
*us* what we want.

We do have a problem with "valid and vacuous" - what I think the
language is intended to do is to say that if we get into this problem -
the contributor has lied to us.

Another stab at expressing what we want, making it explicit that
work-for-hire is included, so that we can discuss with counsel how to
get a lawyer or judge to understand it the way we want it to be understood:

<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, employer or contractor in a
  work-for-hire relationship.

  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.

_______________________________________________
Ipr-wg mailing list
Ipr-wg at ietf.org
https://www1.ietf.org/mailman/listinfo/ipr-wg