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Updated minutes from Vancouver meeting



I have updated the minutes of the Vancouver meeting with a few spelling corrections that were sent to me privately.

For completeness, a new version is enclosed. It is also available from the IETF meeting materials page.

               Harald
Intellectual Property Rights WG

Meeting    : IETF 70, Tuesday December 4, 2007, 0900-1130
Location   : Vancouver, Canada
Chair      : Harald Alvestrand <harald at alvestrand.no>
Minutetaker: Joel Halpern <jmh at joelhalpern.com>
Version    : 1.2
=====================================================================
Formatting notes:
- Resolutions are marked by ***
- Jabber input channeled by someone else is marked as (David Black)
  (name in parentheses).

* Administrivia
    Review Agenda
    Note Well was presented
        Comment: Presenting at start of all sessions is a good idea.
	           That was the effect when we used overhead projector
    Agenda Bash - None

* Status
    -incoming and -outbound are in last call until December 17 2007.

* incoming issues
    list of issues and proposed resolutions.

    Issue 1511: (back-license to authors)
    John Klensin - would strongly prefer an author retaining rights
        rather than a back-license as resolved by 1511, but he can
        live with the back-license in the text.

    Issue 1515: (meaning of "contributor")
    Scott Bradner - the use of the term "contributor" has always been
        fuzzy.  We do need to fix it.
    Bradner - Clarifying which contributor is meant by specific
        parts of the language in the document.  So we may need to do
        more work to get the language right.  "Indirect Contributor"
        is probably not sufficient.
    Scott Brim - We should at least fix the local problem, i.e. make 
        the local text consistent in its language use even if that 
        doesn't fix all of the conceptual / global problems of the 
        term "contributor"
    John Klensin - We can not leave this ambiguous in this document.
    Discussion of how to fix the text.
        (Scott Bradner, Joel Halpern, Stefan Vegan, Harald Alvestrand,
         John Klensin.)
        Discussion of using alternative terms.
        Or using captialization to distinguish different kinds of
            contributors
        Or putting in qualifications of terms
        *** Resolution - let Scott Bradner and Jorge try to come up with a
            proposal, and take it to the list.
            Agreed that something needs to be done.

    Issue 1516:
        Scott Bradner - text is to allow retroactive noticing that
            rules have been violated.  Specific section references
            seem to be wrong.
        *** Resolution: Make it reference section 5 as a whole.

    Barry Leiner channelling (David Black) -
        We are missing a work-for-hire issue.  
        Scott Bradner - Section 3.2 that contributors have the
            authority to contribute should cover work for hire.
        (David Black) - We need to exlicitly address the work
            for hire, not assume it is covered.
        *** Resolution: - to be checked with Jorge.

    All resolutions will be taken to the list.
    Proposed resolutions not minuted above were accepted for now. 

Instructions to the Trust
    Olaf took an action item to ensure that the IAOC is / will be
        aware that they need to issue the various forms of license,
        etc...
    Scott Brim -  "define a textually representation" is
        grammatically improper.
    Joel Halpern - Yes, I will fix draft

Review of charter items
    Suggestion to remove "IPR Advice" document
    Updating target dates

* New items--
  Possible outcomes for each proposal: 
    - Good idea, go forward without the working group
    - Good idea, become a working group item (possible recharter needed)
    æ Bad idea, drop item

* draft-carpenter-ipr-patent-frswds
Presentation by Scott Brim
    Caveat - Scott actually disagrees with the proposal
    Scott's concern is that using "free" in the document is a bad idea
        because "free" means 5 different things, passionately, to
        different groups of people.
    Phillip Hallam-Baker - Concern is that a particular individual has
        claimed the right to define "free", and seems to live in a 
        different reality than many others of us.  Maybe use the term
        "open".
    John Klensin - Asks if anyone thinks this (IPR work) is fun.
        Is this kind of question (updating process to add "free" to
        criteria) actually useful.
    Scott Bradner - This text is completely useless.  DS doesn't get
        used enough to matter (newtrack was trying to address that.)
        And this change doesn't say anything.  Just don't do it.
        It isn't a big deal.  A few things have encumberance.
    Stephan Wenger - Opposed to doing anything.  Would render the
        standards track mechanism problematic.  Objects to both the
        original text and the Scott's alternative.
    Joel Halpern - I don't see any reason to do this (or any
        variation) at all.
    Harald Alvestrand - Suggestion to punt to the IESG, based on
        the requirement to determine independent implementations.
        They can consider the existence of open source as evidence
        of acceptable licenses.
    John Klensin - Do not create less incentive to move to draft
        standard.  Imagine the complexity of revising / advancing
        for working on stuff that is existing draft / full standard.
    Scott Bradner - On the evaluation of licensing process, changing 
        the rules is indeed not fun.  The only time the licensing 
        issue came up was an appeal.  And that appeal never actually
        resolved this question.  This "code" in ssection 4.1.2 of RFC
        2026 has never been executed, but Harald's idea seems to be
        covered without text changes.
    Scott Brim - Remove this from the table.
    *** Resolution - the room overwhelmingly preferred dropping the proposal.

* draft-hallambaker-ipr-patent-harmonization
  Presentation by Phillip Hallam-Baker
    Discussion of incompatiblity, as described in the draft,  between
        patent licensing and open software. 
    General thrust is that clear expectations helps things work.
    Ted Hardie - disagrees with assertions about Marid history and 
        working group history.  Suggestion to focus on proposal 
        rather than on perceptions of history.
    Stefan Vegan - Discussing that encumbered patents may still be
        useful, particularly if the products matter.  And patents
        are there for reasons.  Pointing out that rewarding patents
        may not be unfair.
    Phillip - arguing the distinction between the value of the patent
        vs the value of the encumbered standard.
    John Klensin - Discussion not useful or effective.  Addressing
        flaws in the base patent system is not the IETFs job.
        Terminology causes major issues.  Slide uses the term
        "standards must be open" while "open standard" usually means
        something very different from the slides.
    Joel Halpern - Does not like the proposal at all.  It does not
        actually solve the problem, or help us.
    Phillip - commercial cases vs defensive patents are different
    Stephan Wenger - No, the different classes are not as cleanly different
        as you assert.  W3c policy works well in the W3C ecosystem.
        That is not the same ecosystem as the IT industry or the IETF.
        So following the proposal to simply import the W3C policy into
        the IETF would be very disruptive.
    Ted Hardie - W3C policy has caused people not to participate in
        the W3C.  Thus, adoption here would restrict participation.
        Overloading the IESG further with managing the patent policy 
        would also be a bad idea.  W3C terms imply a committment to
        license if one is a "member".
    Scott Bradner - What is the problem statement.  Defensive patents
        can become offensive patents.  We can not know what a patent
        attorney and some expert will claim a patent covers.
        So this proposal does not solve any known problem.
    (David Black) - agrees with Ted that participation in W3C is a
        last resort for him because of the policies.  And it puts
        lawyers in critical path for WG formation.
    Phillip - isn't it better to get it solved before WG formation
    Scott Bradner - No
    Stefan - also No to Phillip.  The reality is MUCH more complicated
        and things are not knowable at that time.  Pre-commitments to
        licensing would probably lead to his companies
        non-participation.
    (David Black) - also no to Phillip's question.
    John Klensin - W3C has very different business and membership
        model, and the policies from there just won't work here.
        The proposal on the table is for a fundamental change in what
        the IETF is, and is a bad idea.
    *** Resolution - the rooms preference is to drop the proposal.
    
* draft-josefsson-free-standards-howto
Presentation by Ted Hardie
    It is a spec describing one way to do something that is likely to
    succeed.  It probably still needs some work and separation of
    concerns, but it is a valuable piece of advice.
    Ted Hardie - suggestion that arranging legal review would be
        helpful, so as to confirm that the document achieves its
        objectives. 
    Stephan Wenger - Concerned that if this is used it may not be 
        possible for commercial vendors to use the technologies.
        Sees value in the work, but not as a working group item.
    (David Black) - Lawyer time comes with an opportunity cost.
        Having said that, he likes the draft and thinks it is 
        worth the lawyer time.  He also thinks it is worth WG time.
    Harald - Are the terms, which the document says are good for
        open source, actually good for open source?  In particular,
        there has been some ambiguity about whether reciprocity
        actually meets the goal.
    Scott Bradner - Supports working group time on it.  The idea is 
        worth work, but the document needs work.
    John Klensin - In favor of the general ideas, in favor of legal 
        review, in favor of people collaborating with Simon, and 
        probably in favor of eventual RFC publication.  But would
        strongly prefer to terminate the working group.
    Scott Brim - Favors work on the document, on the WG mailing list
        but not as a WG item.
    Harald - Summarizing administrivia -
        If WG item, then it goes forward with WG consensus.  Without
        WG, it is whatever the author chooses.
        We can keep the mailing list open after WG closes.
    John Klensin - Suggests using a different mailing list.  Also, it
        should be faster without a WG.
    Exchange about whether the term "free standards" is the right
        terminology for the document.
    Phillip - concern about the title being "guidelines."
    John Klensin - Amateur lawyering has already started.
    Resolution - That the work go forward as an indivual item
        (some folks thought it should be dropped, about 13 - 0 - 3.)
    Further, the room recommends that the IETF should ask the lawyers
        to spend some time on reviewing this work.
    Discussion of what mailing list should be used for this.
    John Klensin - a focussed mailing list for just this issue.
    *** Resolution - room supports a focused mailing list for this.

By the end of the meeting, Scott Bradner had already submitted a revision
of the incoming draft.
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