Re: Draft Trust Policy re: Rights in IETF Documents

[Marshall Eubanks <tme at multicasttech.com>]

On Jul 19, 2008, at 5:00 AM, Simon Josefsson wrote:

> Ray Pelletier <rpelletier at isoc.org> writes:
>
> > The second iteration of that Draft policy dated 7-17-08, along with
> > its predecessor dated 7-04-08, can be found at:
> > http://trustee.ietf.org/policyandprocedures.html in doc, pdf  and txt
> > formats.
> ...
> > Your input is most appreciated.
>
> Hi Ray.  One of my earlier comments (#6) that Jorge agreed with  
> doesn't
> seem to have been incorporated in the new draft.  Quotes from earlier
> discussions below.  Was this simply forgotten, or could you give any
> insight to the thinking around this issue?

Dear Simon;

Isn't this issue covered in part ii of the "Supersedure" paragraph ?

b. Supersedure.  The terms of any license granted under this document  
may be
superseded by a written agreement between the IETF Trust and the  
licensee that specifically
references and supersedes the relevant provisions of this document,  
except that (i) the IETF Trust
shall in no event be authorized to grant rights with respect to any  
Contribution in excess of those
which it has been granted by the Contributor, and (ii) the rights  
granted shall not be less than
those otherwise granted under this document.

Regards
Marshall


> Thanks,
> /Simon
>
> Simon Josefsson <simon at josefsson.org> writes:
>
> > "Contreras, Jorge" <Jorge.Contreras at wilmerhale.com> writes:
> >
> > > > Simon wrote:
> > >
> > > > Comment #6:
> > > >
> > > > Regarding section 5:
> > > >
> > > >  b.  Supersedure. The terms of any license granted under this
> > > >  document may be superseded by a written agreement between the IETF
> > > >  Trust and the licensee that specifically references and supersedes
> > > >  the relevant provisions of this document, except that the
> > > > IETF Trust
> > > >  shall in no event be authorized to grant rights with respect to  
> > > > any
> > > >  Contribution in excess of those which it has been granted by the
> > > >  Contributor.
> > > >
> > > > This clause seems problematic for code: I don't want to excerpt  
> > > > code
> > > > from an RFC under a BSD license and later find out that the
> > > > license has
> > > > been superseded by the GPL.
> > > >
> > > > I suspect the intention behind this clause is that _additional_  
> > > > rights
> > > > could be granted by the IETF Trust to some parties.  Is that  
> > > > correct?
> > >
> > > Correct
> >
> > Thanks for confirmation.
> >
> > > > A simple way to solve this would be add another exception: that you
> > > > can't negotiate away rights already granted through this document.
> > > > Thus, change the text to:
> > > >
> > > >  b.  Supersedure. The terms of any license granted under this
> > > >  document may be superseded by a written agreement between the IETF
> > > >  Trust and the licensee that specifically references and supersedes
> > > >  the relevant provisions of this document.  There are two
> > > > exceptions:
> > > >
> > > >    i) the IETF Trust shall in no event be authorized to grant  
> > > > rights
> > > >    with respect to any Contribution in excess of those which it has
> > > >    been granted by the Contributor,
> > > >
> > > >    ii) the new terms cannot grant less rights that are
> > > > granted through
> > > >    this document.
> > >
> > > I think that your item (ii) is a great idea.  How about the  
> > > following
> > > tweaks:
> > >
> > > "ii) the rights granted shall not be less than those otherwise  
> > > granted
> > > under this document."
> >
> > Excellent.
> >
> > Thanks,
> > Simon
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