< draft-farrresnickel-ipr-sanctions-02.txt		draft-farrresnickel-ipr-sanctions-03.txt >
	Network Working Group A. Farrel		Network Working Group A. Farrel
	Internet Draft Juniper Networks		Internet Draft Juniper Networks
	Category: Informational P. Resnick		Category: Informational P. Resnick
	Qualcomm		Qualcomm
	Expires: 3 September 2012 3 March 2012		Expires: 11 September 2012 11 March 2012
	Sanctions Available for Application to Violators of IETF IPR Policy		Sanctions Available for Application to Violators of IETF IPR Policy
	draft-farrresnickel-ipr-sanctions-02.txt		draft-farrresnickel-ipr-sanctions-03.txt
	Abstract		Abstract
	The IETF has developed and documented policies that govern the		The IETF has developed and documented policies that govern the
	behavior of all IETF participants with respect to Intellectual		behavior of all IETF participants with respect to Intellectual
	Property Rights (IPR) about which they might reasonably be aware.		Property Rights (IPR) about which they might reasonably be aware.
	The IETF takes conformance to these IPR policies very seriously.		The IETF takes conformance to these IPR policies very seriously.
	However, there has been some ambiguity as to what the appropriate		However, there has been some ambiguity as to what the appropriate
	sanctions are for the violation of these policies, and how and by		sanctions are for the violation of these policies, and how and by
	skipping to change at page 5, line 11 ¶		skipping to change at page 5, line 11 ¶
	that can be made by the working group chairs and area director.		that can be made by the working group chairs and area director.
	This topic forms the bulk of the material in Sections 5 and 6.		This topic forms the bulk of the material in Sections 5 and 6.
	3. Who May Call For and Apply Sanctions		3. Who May Call For and Apply Sanctions
	Any IETF participant can call for sanctions to be applied to anyone		Any IETF participant can call for sanctions to be applied to anyone
	they believe has violated the IETF's IPR policy. Normally, however,		they believe has violated the IETF's IPR policy. Normally, however,
	the working group chairs and area directors assume the responsibility		the working group chairs and area directors assume the responsibility
	for ensuring the smooth-running of the IETF and for the enforcement		for ensuring the smooth-running of the IETF and for the enforcement
	of IETF policies including the IPR policy. Thus, working group		of IETF policies including the IPR policy. Thus, when sanctions are
	chairs and area directors will often be the first actors when		called for, working group chairs will be the first actors when there
	sanctions are called for.		is an active working group involved in the technical work, and area
			directors will be the first actors in other cases.
	Working group chairs are already empowered to take action against		Working group chairs are already empowered to take action against
	working group participants who flout the IPR rules and so disrupt		working group participants who flout the IPR rules and so disrupt
	the smooth running of the IETF or a specific working group, just as		the smooth running of the IETF or a specific working group, just as
	they can take such action in the face of other disruptions.		they can take such action in the face of other disruptions.
	The working group chairs have the responsibility to select the		The working group chairs have the responsibility to select the
	appropriate actions since they are closest to the details of the		appropriate actions since they are closest to the details of the
	issue. Where there is no working group involved or where making the		issue. Where there is no working group involved or where making the
	decision or applying the sanctions is uncomfortable or difficult for		decision or applying the sanctions is uncomfortable or difficult for
	skipping to change at page 6, line 24 ¶		skipping to change at page 6, line 24 ¶
	f. Removal of the individuals as working group document editors on		f. Removal of the individuals as working group document editors on
	specific documents or across the whole working group.		specific documents or across the whole working group.
	g. Re-positioning of the individual's attribution in a document to		g. Re-positioning of the individual's attribution in a document to
	the "Acknowledgements" section with or without a note explaining		the "Acknowledgements" section with or without a note explaining
	why they are listed there and not in the "Authors' Addresses"		why they are listed there and not in the "Authors' Addresses"
	section (viz. the IPR policy violation). This action can also be		section (viz. the IPR policy violation). This action can also be
	recorded by the area director in the datatracker entries for the		recorded by the area director in the datatracker entries for the
	documents concerned.		documents concerned.
	h. Application of a temporary suspension of posting rights to a		h. Deprecation or rejection of the individual document (whether it
			be an RFC or Internet-Draft) or cesation of work on the affected
			technology.
			i. Application of a temporary suspension of posting rights to a
	specific mailing list according to the guidelines expressed in		specific mailing list according to the guidelines expressed in
	[RFC2418] and updated by [RFC3934]. Such bans are applied to		[RFC2418] and updated by [RFC3934]. Such bans are applied to
	specific to individual working group mailing lists at the		specific to individual working group mailing lists at the
	discretion of the working group chairs for a period of no more		discretion of the working group chairs for a period of no more
	than 30 days.		than 30 days.
	i. The removal of posting privileges using a Posting Rights Action		j. The removal of posting privileges using a Posting Rights Action
	(PR Action) as per [RFC3683]. This is a more drastic measure		(PR Action) as per [RFC3683]. This is a more drastic measure
	that can be applied when other sanctions are considered		that can be applied when other sanctions are considered
	insufficient or to have been ineffective. When a PR action is in		insufficient or to have been ineffective. When a PR action is in
	place, the subjects have their posting rights to particular IETF		place, the subjects have their posting rights to particular IETF
	mailing list removed for a period of a year (unless the action is		mailing list removed for a period of a year (unless the action is
	revoked or extended), and maintainers of any IETF mailing list		revoked or extended), and maintainers of any IETF mailing list
	may, at their discretion and without further recourse to		may, at their discretion and without further recourse to
	explanation or discussion, also remove posting rights		explanation or discussion, also remove posting rights
	PR actions are introduced by an area director and are considered		PR actions are introduced by an area director and are considered
	skipping to change at page 8, line 28 ¶		skipping to change at page 8, line 31 ¶
	8. IANA Considerations		8. IANA Considerations
	This document makes no requests for IANA action.		This document makes no requests for IANA action.
	9. Acknowledgments		9. Acknowledgments
	Thanks to Lou Berger, Ross Callon, Stewart Bryant, Jari Arkko, and		Thanks to Lou Berger, Ross Callon, Stewart Bryant, Jari Arkko, and
	Peter Saint-Andre for comments on an early version of this document.		Peter Saint-Andre for comments on an early version of this document.
	Thanks to Subramanian Moonesamy and Tom Petch for their comments on		Thanks to Subramanian Moonesamy and Tom Petch for their comments on
	the work.		the work. Thanks to Dan Wing, Tony Li, and Steve Bellovin for
			discussions.
	10. Authors' Addresses		10. Authors' Addresses
	Adrian Farrel		Adrian Farrel
	Juniper Networks		Juniper Networks
	adrian@olddog.co.uk		adrian@olddog.co.uk
	Pete Resnick		Pete Resnick
	Qualcomm		Qualcomm
	presnick@qualcomm.com		presnick@qualcomm.com
	skipping to change at page 9, line 45 ¶		skipping to change at page 10, line 4 ¶
	As discussed in Section 6, the selection of sanctions needs to be a		As discussed in Section 6, the selection of sanctions needs to be a
	carefully made judgment call considering all circumstances and		carefully made judgment call considering all circumstances and
	events. This Appendix provides a list of things that might form part		events. This Appendix provides a list of things that might form part
	of that judgment.		of that judgment.
	This list of considerations is for guidance and is not prescriptive		This list of considerations is for guidance and is not prescriptive
	or exhaustive, nor does it imply any weighting of the considerations.		or exhaustive, nor does it imply any weighting of the considerations.
	- How long has the participant been active in the IETF?		- How long has the participant been active in the IETF?
	- Was there some exceptional circumstance?		- Was there some exceptional circumstance?
	- Are there special circumstances that imply that the individual		- Are there special circumstances that imply that the individual
	would not have seen or understood the pointers to and content of		would not have seen or understood the pointers to and content of
	[BCP79].		[BCP79]?
	- How late was the disclosure? Is the document already a working		- How late was the disclosure? Is the document already a working
	group document? How many revisions have been published? How much		group document? How many revisions have been published? How much
	time has elapsed? Have last calls be held? Has the work been		time has elapsed? Have last calls be held? Has the work been
	published as an RFC?		published as an RFC?
	- Was the individual a minor contributor to the IETF work, or are		- Was the individual a minor contributor to the IETF work, or are
	they clearly a major contributor?		they clearly a major contributor?
	- Is there a reason for the individual forgetting the existence of		- Is there a reason for the individual forgetting the existence of
	the IPR (for example, it was filed many years previous to the work		the IPR (for example, it was filed many years previous to the work
	in the IETF)?		in the IETF)?
	- Was the individual told by their company that disclosure was		- Was the individual told by their company that disclosure was
	imminent, but then something different happened?		imminent, but then something different happened?
	- How speedy and humble was the individual's apology?		- How speedy and humble was the individual's apology?
	- How disruptive to the IETF work is the disclosure? A factor in		- How disruptive to the IETF work are the disclosure and the
	this will be whether the IETF community sees the need to re-work		associated license terms? A factor in this will be whether the
	the document or not.		IETF community sees the need to re-work the document or not.
	- Does the large number of patents that the individual has invented		- Does the large number of patents that the individual has invented
	provide any level of excuse for failing to notice that one of		provide any level of excuse for failing to notice that one of
	their patents covered the IETF work?		their patents covered the IETF work?
End of changes. 9 change blocks.
	13 lines changed or deleted		18 lines changed or added
This html diff was produced by rfcdiff 1.48. The latest version is available from http://tools.ietf.org/tools/rfcdiff/