| < draft-farrresnickel-ipr-sanctions-03.txt | draft-farrresnickel-ipr-sanctions-04.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: 11 September 2012 11 March 2012 | Expires: 26 September 2012 26 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-03.txt | draft-farrresnickel-ipr-sanctions-04.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 3, line 5 ¶ | skipping to change at page 2, line 48 ¶ | |||
| This document does not consider the parallel, but important issue of | This document does not consider the parallel, but important issue of | |||
| ways to actively promote conformance with the IETF's IPR policy. | ways to actively promote conformance with the IETF's IPR policy. | |||
| That topic is discussed in [Promote]. | That topic is discussed in [Promote]. | |||
| 2. Description of IETF IPR Policy | 2. Description of IETF IPR Policy | |||
| The IETF's IPR policy is set out in [BCP79]. Nothing in this | The IETF's IPR policy is set out in [BCP79]. Nothing in this | |||
| document defines or redefines the IETF's IPR policy. This section | document defines or redefines the IETF's IPR policy. This section | |||
| simply highlights some important aspects of those policies. | simply highlights some important aspects of those policies. | |||
| Additional information on the IETF's IPR policy may be found at | ||||
| [URLIPR] and [URLIESGIPR]. | ||||
| 2.1. Responsibilities of IETF Participants and Timeliness | 2.1. Responsibilities of IETF Participants and Timeliness | |||
| According to [BCP79], individual IETF participants have a | According to [BCP79], individual IETF participants have a | |||
| personal responsibility to disclose or ensure the timely disclosure | personal responsibility to disclose or ensure the timely disclosure | |||
| of IPR of which they are aware and which they own or which is owned | of IPR of which they are aware and which they own or which is owned | |||
| by a company that employs or sponsors them, and which impinges upon | by a company that employs or sponsors them, and which impinges upon | |||
| the contribution that they make to the IETF. | the contribution that they make to the IETF. | |||
| A "contribution" is also defined in [BCP79] and includes Internet- | A "contribution" is also defined in [BCP79] and includes Internet- | |||
| Drafts, emails to IETF mailing lists, presentations at IETF meetings, | Drafts, emails to IETF mailing lists, presentations at IETF meetings, | |||
| skipping to change at page 9, line 27 ¶ | skipping to change at page 9, line 27 ¶ | |||
| 11.2. Informative References | 11.2. Informative References | |||
| [RFC3005] S. Harris, "IETF Discussion List Charter", BCP 45, | [RFC3005] S. Harris, "IETF Discussion List Charter", BCP 45, | |||
| RFC 3005, November 2000. | RFC 3005, November 2000. | |||
| [Promote] Polk, T. and Saint-Andre, P., "Promoting Compliance with | [Promote] Polk, T. and Saint-Andre, P., "Promoting Compliance with | |||
| Intellectual Property Rights (IPR) Disclosure Rules", | Intellectual Property Rights (IPR) Disclosure Rules", | |||
| draft-polk-ipr-disclosure, work in progress. | draft-polk-ipr-disclosure, work in progress. | |||
| 11.3. Stable URLs | [URLDisclose] http://www.ietf.org/ipr/file-disclosure | |||
| [URLDisclose] http://www.ietf.org/ipr/file-disclosure | ||||
| [URLIESG2026] http://www.ietf.org/iesg/statement/appeal.html | [URLIESG2026] http://www.ietf.org/iesg/statement/appeal.html | |||
| [URLIESGIPR] | [URLIESGIPR] | |||
| http://trac.tools.ietf.org/group/iesg/trac/wiki/IntellectualProperty | http://trac.tools.ietf.org/group/iesg/trac/wiki/IntellectualProperty | |||
| [URLIPR] http://www.ietf.org/ipr/policy.html | [URLIPR] http://www.ietf.org/ipr/policy.html | |||
| [URLNoteWell] http://www.ietf.org/about/note-well.html | [URLNoteWell] http://www.ietf.org/about/note-well.html | |||
| Appendix A. Guidance on Selecting and Applying Sanctions | Appendix A. Guidance on Selecting and Applying Sanctions | |||
| 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 | |||
| End of changes. 9 change blocks. | ||||
| 9 lines changed or deleted | 10 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/ | ||||