| < draft-polk-ipr-disclosure-04.txt | draft-polk-ipr-disclosure-05.txt > | |||
|---|---|---|---|---|
| Network Working Group T. Polk | Network Working Group T. Polk | |||
| Internet-Draft National Institute of Standards | Internet-Draft National Institute of Standards | |||
| Intended status: Informational and Technology | Intended status: Informational and Technology | |||
| Expires: November 29, 2012 P. Saint-Andre | Expires: December 23, 2012 P. Saint-Andre | |||
| Cisco Systems, Inc. | Cisco Systems, Inc. | |||
| May 28, 2012 | June 21, 2012 | |||
| Promoting Compliance with Intellectual Property Rights (IPR) Disclosure | Promoting Compliance with Intellectual Property Rights (IPR) Disclosure | |||
| Rules | Rules | |||
| draft-polk-ipr-disclosure-04 | draft-polk-ipr-disclosure-05 | |||
| Abstract | Abstract | |||
| The disclosure process for intellectual property rights (IPR) in | The disclosure process for intellectual property rights (IPR) in | |||
| documents produced within the IETF stream is essential to the | documents produced within the IETF stream is essential to the | |||
| accurate development of community consensus. However, this process | accurate development of community consensus. However, this process | |||
| is not always followed by IETF participants. Regardless of the cause | is not always followed by IETF participants. Regardless of the cause | |||
| or motivation, noncompliance with IPR disclosure rules can delay or | or motivation, noncompliance with IPR disclosure rules can delay or | |||
| even derail completion of IETF specifications. This document | even derail completion of IETF specifications. This document | |||
| describes some strategies for promoting compliance with the IPR | describes some strategies for promoting compliance with the IPR | |||
| skipping to change at page 1, line 41 ¶ | skipping to change at page 1, line 41 ¶ | |||
| Internet-Drafts are working documents of the Internet Engineering | Internet-Drafts are working documents of the Internet Engineering | |||
| Task Force (IETF). Note that other groups may also distribute | Task Force (IETF). Note that other groups may also distribute | |||
| working documents as Internet-Drafts. The list of current Internet- | working documents as Internet-Drafts. The list of current Internet- | |||
| Drafts is at http://datatracker.ietf.org/drafts/current/. | Drafts is at http://datatracker.ietf.org/drafts/current/. | |||
| Internet-Drafts are draft documents valid for a maximum of six months | Internet-Drafts are draft documents valid for a maximum of six months | |||
| and may be updated, replaced, or obsoleted by other documents at any | and may be updated, replaced, or obsoleted by other documents at any | |||
| time. It is inappropriate to use Internet-Drafts as reference | time. It is inappropriate to use Internet-Drafts as reference | |||
| material or to cite them other than as "work in progress." | material or to cite them other than as "work in progress." | |||
| This Internet-Draft will expire on November 29, 2012. | This Internet-Draft will expire on December 23, 2012. | |||
| Copyright Notice | Copyright Notice | |||
| Copyright (c) 2012 IETF Trust and the persons identified as the | Copyright (c) 2012 IETF Trust and the persons identified as the | |||
| document authors. All rights reserved. | document authors. All rights reserved. | |||
| This document is subject to BCP 78 and the IETF Trust's Legal | This document is subject to BCP 78 and the IETF Trust's Legal | |||
| Provisions Relating to IETF Documents | Provisions Relating to IETF Documents | |||
| (http://trustee.ietf.org/license-info) in effect on the date of | (http://trustee.ietf.org/license-info) in effect on the date of | |||
| publication of this document. Please review these documents | publication of this document. Please review these documents | |||
| skipping to change at page 2, line 21 ¶ | skipping to change at page 2, line 21 ¶ | |||
| Table of Contents | Table of Contents | |||
| 1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . 3 | 1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . 3 | |||
| 1.1. Terminology . . . . . . . . . . . . . . . . . . . . . . . 4 | 1.1. Terminology . . . . . . . . . . . . . . . . . . . . . . . 4 | |||
| 2. Background . . . . . . . . . . . . . . . . . . . . . . . . . . 4 | 2. Background . . . . . . . . . . . . . . . . . . . . . . . . . . 4 | |||
| 3. Strategies for Working Group Documents . . . . . . . . . . . . 5 | 3. Strategies for Working Group Documents . . . . . . . . . . . . 5 | |||
| 3.1. Presenting an Internet-Draft at an IETF Meeting . . . . . 5 | 3.1. Presenting an Internet-Draft at an IETF Meeting . . . . . 5 | |||
| 3.2. Requesting WG Adoption . . . . . . . . . . . . . . . . . . 6 | 3.2. Requesting WG Adoption . . . . . . . . . . . . . . . . . . 6 | |||
| 3.3. Requesting WG Last Call . . . . . . . . . . . . . . . . . 6 | 3.3. Requesting WG Last Call . . . . . . . . . . . . . . . . . 6 | |||
| 3.4. AD Review . . . . . . . . . . . . . . . . . . . . . . . . 6 | 3.4. AD Review . . . . . . . . . . . . . . . . . . . . . . . . 7 | |||
| 3.5. IETF Last Call . . . . . . . . . . . . . . . . . . . . . . 7 | 3.5. IETF Last Call . . . . . . . . . . . . . . . . . . . . . . 7 | |||
| 4. Strategies for Individual Submissions . . . . . . . . . . . . 7 | 4. Strategies for Individual Submissions . . . . . . . . . . . . 8 | |||
| 4.1. Presenting an Internet-Draft at an IETF Meeting . . . . . 7 | 4.1. Presenting an Internet-Draft at an IETF Meeting . . . . . 8 | |||
| 4.2. AD Review . . . . . . . . . . . . . . . . . . . . . . . . 8 | 4.2. AD Review . . . . . . . . . . . . . . . . . . . . . . . . 8 | |||
| 4.3. IETF Last Call . . . . . . . . . . . . . . . . . . . . . . 8 | 4.3. IETF Last Call . . . . . . . . . . . . . . . . . . . . . . 9 | |||
| 5. Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . 8 | 5. A Note About Preliminary Disclosures . . . . . . . . . . . . . 9 | |||
| 6. Security Considerations . . . . . . . . . . . . . . . . . . . 9 | 6. Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . 9 | |||
| 7. IANA Considerations . . . . . . . . . . . . . . . . . . . . . 9 | 7. Security Considerations . . . . . . . . . . . . . . . . . . . 9 | |||
| 8. References . . . . . . . . . . . . . . . . . . . . . . . . . . 9 | 8. IANA Considerations . . . . . . . . . . . . . . . . . . . . . 10 | |||
| 8.1. Normative References . . . . . . . . . . . . . . . . . . . 9 | 9. References . . . . . . . . . . . . . . . . . . . . . . . . . . 10 | |||
| 8.2. Informative References . . . . . . . . . . . . . . . . . . 9 | 9.1. Normative References . . . . . . . . . . . . . . . . . . . 10 | |||
| Appendix A. Sample Messages . . . . . . . . . . . . . . . . . . . 10 | 9.2. Informative References . . . . . . . . . . . . . . . . . . 10 | |||
| A.1. General WG Reminder . . . . . . . . . . . . . . . . . . . 10 | Appendix A. Sample Messages . . . . . . . . . . . . . . . . . . . 11 | |||
| A.2. Reminder before WG Adoption of an Individual | A.1. General WG Reminder . . . . . . . . . . . . . . . . . . . 11 | |||
| Internet-Draft . . . . . . . . . . . . . . . . . . . . . . 11 | A.2. Reminder to Meeting Presenter . . . . . . . . . . . . . . 12 | |||
| A.3. Reminder before Working Group Last Call . . . . . . . . . 12 | A.3. Reminder before WG Adoption of an Individual | |||
| A.4. Reminder to Meeting Presenter . . . . . . . . . . . . . . 12 | Internet-Draft . . . . . . . . . . . . . . . . . . . . . . 12 | |||
| A.5. Reminder to Author of an Individual Submission before | A.4. Reminder before Working Group Last Call . . . . . . . . . 13 | |||
| IETF Last Call . . . . . . . . . . . . . . . . . . . . . . 13 | A.5. Reminder to Authors and Listed Contributors of a | |||
| Appendix B. Acknowledgements . . . . . . . . . . . . . . . . . . 14 | Working Group Document before IETF Last Call . . . . . . . 14 | |||
| Authors' Addresses . . . . . . . . . . . . . . . . . . . . . . . . 14 | A.6. Reminder to Author of an Individual Submission before | |||
| IETF Last Call . . . . . . . . . . . . . . . . . . . . . . 14 | ||||
| Appendix B. Acknowledgements . . . . . . . . . . . . . . . . . . 15 | ||||
| Authors' Addresses . . . . . . . . . . . . . . . . . . . . . . . . 15 | ||||
| 1. Introduction | 1. Introduction | |||
| The disclosure process for intellectual property rights (IPR) in | The disclosure process for intellectual property rights (IPR) in | |||
| documents produced within the IETF stream [RFC5741] is essential to | documents produced within the IETF stream [RFC5741] is essential to | |||
| the efficient and accurate development of community consensus. In | the efficient and accurate development of community consensus. In | |||
| particular, ensuring that IETF working groups and participants have | particular, ensuring that IETF working groups and participants have | |||
| as much information as possible regarding IPR constraints, as early | as much information as possible regarding IPR constraints, as early | |||
| as possible in the process, increases the likelihood that the | as possible in the process, increases the likelihood that the | |||
| community can develop an informed consensus regarding technical | community can develop an informed consensus regarding technical | |||
| skipping to change at page 5, line 20 ¶ | skipping to change at page 5, line 20 ¶ | |||
| appeals. To better fulfill their responsibilities in the IETF | appeals. To better fulfill their responsibilities in the IETF | |||
| standards process, ADs, WG chairs, and WG secretaries might wish to | standards process, ADs, WG chairs, and WG secretaries might wish to | |||
| adopt strategies to encourage early disclosure consistent with the | adopt strategies to encourage early disclosure consistent with the | |||
| responsibilities established in [RFC3979] and [RFC4879], such as the | responsibilities established in [RFC3979] and [RFC4879], such as the | |||
| strategies described in this document. | strategies described in this document. | |||
| 3. Strategies for Working Group Documents | 3. Strategies for Working Group Documents | |||
| Building upon the framework provided in [RFC3669], this section | Building upon the framework provided in [RFC3669], this section | |||
| identifies opportunities to promote IPR disclosure within the | identifies opportunities to promote IPR disclosure within the | |||
| document lifecycle for IETF working group documents. In general, | document lifecycle for IETF working group documents. These | |||
| these opportunities are encountered during socialization, working | opportunities are typically encountered during initial public | |||
| group adoption, Working Group Last Call (WGLC), and IETF Last Call. | discussion, working group adoption, Working Group Last Call (WGLC), | |||
| and IETF Last Call. WG chairs might also want to make WG | ||||
| participants aware of the importance of IPR disclosure more | ||||
| generally, as exemplified by the sample message provided under | ||||
| Appendix A.1. | ||||
| The strategies described in this section are primarily implemented by | The strategies described in this section are primarily implemented by | |||
| WG chairs. (The exceptions are strategies for IETF Last Call, which | WG chairs. (The exceptions are strategies for IETF Last Call, which | |||
| would be implemented by ADs.) In cases where the WG secretary | would be implemented by ADs.) In cases where the WG secretary | |||
| creates meeting agendas or initiates consensus calls, the secretary | creates meeting agendas or initiates consensus calls, the secretary | |||
| might also implement these strategies. | might also implement these strategies. | |||
| 3.1. Presenting an Internet-Draft at an IETF Meeting | 3.1. Presenting an Internet-Draft at an IETF Meeting | |||
| The first opportunity to encourage early IPR disclosure might occur | The first opportunity to encourage early IPR disclosure might occur | |||
| even before a technical proposal becomes a working group document. | even before a technical proposal becomes a working group document. | |||
| When IETF participants wish to socialize a personal draft in hopes of | When IETF participants wish to promote public discussion of a | |||
| future adoption by a working group, one common strategy is to request | personal draft in hopes of future adoption by a working group, one | |||
| a slot on the agenda at an upcoming face-to-face meeting. Before the | common strategy is to request a slot on the agenda at an upcoming | |||
| community commits resources to reviewing and considering the draft, | face-to-face meeting. Before the community commits resources to | |||
| it is very reasonable for the WG chairs to confirm (often via email) | reviewing and considering the draft, it is very reasonable for the WG | |||
| that all IPR disclosures have been submitted. The chairs ought to | chairs to confirm (often via email) that all IPR disclosures have | |||
| request confirmation from each of the authors and listed | been submitted. The chairs ought to request confirmation from each | |||
| contributors, especially if those individuals are associated with | of the authors and listed contributors, especially if those | |||
| multiple organizations. | individuals are associated with multiple organizations. | |||
| If the necessary disclosures have not been submitted, the chairs have | If the necessary disclosures have not been submitted, the chairs have | |||
| a choice: deny the agenda slot unless formal IPR disclosure | a choice: deny the agenda slot unless formal IPR disclosure | |||
| statements are submitted, or insist on informal disclosure. One | statements are submitted, or insist on informal disclosure. One | |||
| factor in this decision could be the number of revisions that have | factor in this decision could be the number of revisions that have | |||
| occurred: the chairs might wish to permit presentation of a -00 draft | occurred: the chairs might wish to permit presentation of a -00 draft | |||
| with informal disclosure, but not after a draft has gone through | with informal disclosure, but not after a draft has gone through | |||
| multiple revision cycles. If informal disclosure is allowed, the | multiple revision cycles. If informal disclosure is allowed, the | |||
| chairs ought to make sure that the disclosure is documented in the | chairs ought to make sure that the disclosure is documented in the | |||
| minutes, and ought to encourage submission of formal disclosure | minutes, and ought to encourage submission of formal disclosure | |||
| skipping to change at page 6, line 17 ¶ | skipping to change at page 6, line 22 ¶ | |||
| In some cases, an IETF participant has not yet submitted an Internet- | In some cases, an IETF participant has not yet submitted an Internet- | |||
| Draft but might still request a slot on the agenda to discuss a | Draft but might still request a slot on the agenda to discuss a | |||
| proposal for a new draft, or a new feature for an existing working | proposal for a new draft, or a new feature for an existing working | |||
| group document. Here again, it is very reasonable for the WG chairs | group document. Here again, it is very reasonable for the WG chairs | |||
| to confirm, before approving the agenda slot, that all IPR claims | to confirm, before approving the agenda slot, that all IPR claims | |||
| have been disclosed (likely in an informal manner as described above, | have been disclosed (likely in an informal manner as described above, | |||
| since the participant has not yet made a Contribution as defined by | since the participant has not yet made a Contribution as defined by | |||
| the Internet Standards Process [RFC3979]). | the Internet Standards Process [RFC3979]). | |||
| A sample message of the kind that might be sent at this stage is | ||||
| provided under Appendix A.2. | ||||
| 3.2. Requesting WG Adoption | 3.2. Requesting WG Adoption | |||
| When a technical proposal is considered for adoption by a working | When a technical proposal is considered for adoption by a working | |||
| group, the chairs have an opportunity to confirm (or reconfirm) IPR | group, the chairs have an opportunity to confirm (or reconfirm) IPR | |||
| compliance with authors and listed contributors. In addition, the | compliance with authors and listed contributors. In addition, the | |||
| chairs might wish to explicitly ask the WG participants if anyone is | chairs might wish to explicitly ask the WG participants if anyone is | |||
| aware of IPR that is associated with the proposal. | aware of IPR that is associated with the proposal. | |||
| A sample message of the kind that might be sent at this stage is | ||||
| provided under Appendix A.3. | ||||
| 3.3. Requesting WG Last Call | 3.3. Requesting WG Last Call | |||
| Working Group Last Call is a particularly significant milestone for a | Working Group Last Call is a particularly significant milestone for a | |||
| working group document, measuring consensus within the working group | working group document, measuring consensus within the working group | |||
| one final time. If IPR disclosure statements have not been | one final time. If IPR disclosure statements have not been | |||
| submitted, the judgement of consensus by the chairs would be less | submitted, the judgement of consensus by the chairs would be less | |||
| than reliable. Even if procedures such as those described above have | than reliable because it would be based on incomplete assumptions. | |||
| been implemented to promote IPR disclosure during socialization and | Even if procedures such as those described above have been | |||
| adoption, features might have evolved in a way that introduces new | implemented to promote IPR disclosure during initial public | |||
| IPR concerns. In addition, new participants with knowledge of IPR | discussion and adoption, features might have evolved in a way that | |||
| claims might have become active in the working group. Therefore the | introduces new IPR concerns. In addition, new participants with | |||
| WG chairs might wish to reconfirm with each of the authors and listed | knowledge of IPR claims might have become active in the working | |||
| contributors that appropriate IPR disclosure statements have been | group. Therefore the WG chairs might wish to reconfirm with each of | |||
| filed, even if they all work for the same organization. The chairs | the authors and listed contributors that appropriate IPR disclosure | |||
| might also wish to include a reminder about the importance of IPR | statements have been filed, even if they all work for the same | |||
| disclosures in any WGLC message communicated to the working group. | organization. The chairs might also wish to include a reminder about | |||
| (Note: If IPR disclosure statements have been filed, the chairs might | the importance of IPR disclosures in any WGLC message communicated to | |||
| wish to include a link in the WGLC message to ensure that the | the working group. (Note: If IPR disclosure statements have been | |||
| consensus call reflects this information.) | filed, the chairs might wish to include a link in the WGLC message to | |||
| ensure that the consensus call reflects this information.) | ||||
| A sample message of the kind that might be sent at this stage is | ||||
| provided under Appendix A.4. | ||||
| 3.4. AD Review | 3.4. AD Review | |||
| After successfully completing WGLC, a working group document is | After successfully completing WGLC, a working group document is | |||
| forwarded to the appropriate Area Director for AD review, with a | forwarded to the appropriate Area Director for AD review, with a | |||
| request that the AD process the document for publication as an RFC. | request that the AD process the document for publication as an RFC. | |||
| Such a publication request is accompanied by a Document Shepherd | Such a publication request is accompanied by a Document Shepherd | |||
| Write-up as required by [RFC4858] using the template found at | Write-up as required by [RFC4858] using the template found at | |||
| <http://www.ietf.org/iesg/template/doc-writeup.html>. At the time of | <http://www.ietf.org/iesg/template/doc-writeup.html>. At the time of | |||
| this writing, the template asks the document shepherd to answer the | this writing, the template asks the document shepherd to answer the | |||
| following question: | following question: | |||
| (7) Has each author confirmed that any and all appropriate IPR | (7) Has each author confirmed that any and all appropriate IPR | |||
| disclosures required for full conformance with the provisions of | disclosures required for full conformance with the provisions of | |||
| BCP 78 and BCP 79 have already been filed. If not, explain why. | BCP 78 and BCP 79 have already been filed. If not, explain why. | |||
| Shepherds ought to be asking authors that question directly. | ||||
| Additionally, the AD can ask the WG chairs whether they took explicit | Additionally, the AD can ask the WG chairs whether they took explicit | |||
| action to promote disclosure of IPR. If the answer to the write-up | action to promote disclosure of IPR. | |||
| question is not favorable, or if the chairs did not take any of the | ||||
| actions listed above, the AD might choose to contact the authors and | If the answer to the write-up question is not favorable, or if the | |||
| listed contributors to confirm that the appropriate IPR disclosure | chairs did not take any of the actions listed above, the AD might | |||
| statements have been filed before advancing the document through the | choose to contact the authors and listed contributors to confirm that | |||
| publication process. | the appropriate IPR disclosure statements have been filed before | |||
| advancing the document through the publication process. | ||||
| A sample message of the kind that might be sent at this stage is | ||||
| provided under Appendix A.5. | ||||
| 3.5. IETF Last Call | 3.5. IETF Last Call | |||
| IETF Last Call is the mechanism used by the the AD and the IESG as a | IETF Last Call is the mechanism used by the the AD and the IESG as a | |||
| whole to gauge IETF-wide consensus. It is critical that the | whole to gauge IETF-wide consensus. It is critical that the | |||
| community have easy access to all related IPR statements when | community have easy access to all related IPR statements when | |||
| considering an Internet-Draft. The current tools automatically | considering an Internet-Draft. The current tools automatically | |||
| include the URL for each IPR statement explicitly linked to the draft | include the URL for each IPR statement explicitly linked to the draft | |||
| when the default IETF Last Call message is generated. If the AD | when the default IETF Last Call message is generated. If the AD | |||
| edits this message, the links to IPR disclosure statements ought to | edits this message, the links to IPR disclosure statements ought to | |||
| be preserved. | be preserved. | |||
| 4. Strategies for Individual Submissions | 4. Strategies for Individual Submissions | |||
| This section identifies opportunities to promote IPR disclosure | This section identifies opportunities to promote IPR disclosure | |||
| within the IETF document lifecycle for documents that are processed | within the IETF document lifecycle for documents that are processed | |||
| outside the context of a working group (so-called "individual | outside the context of a working group (so-called "individual | |||
| submissions"). In general, these opportunities are encountered | submissions"). In general, these opportunities are encountered | |||
| during socialization, area director review, and IETF Last Call. | during initial public discussion, area director review, and IETF Last | |||
| Call. | ||||
| 4.1. Presenting an Internet-Draft at an IETF Meeting | 4.1. Presenting an Internet-Draft at an IETF Meeting | |||
| When IETF participants wish to socialize a personal draft not | When IETF participants wish to promote public discussion of a | |||
| intended for a working group, it is still common to request a slot on | personal draft not intended for a working group, it is still common | |||
| the agenda at an upcoming face-to-face meeting. These requests might | to request a slot on the agenda at an upcoming face-to-face meeting. | |||
| be made to related working groups or area meetings, or even during | These requests might be made to related working groups or area | |||
| plenary time. Before the community commits resources to reviewing | meetings, or even during plenary time. Before the community commits | |||
| and considering the draft, it is very reasonable for the chairs of | resources to reviewing and considering the draft, it is very | |||
| that meeting (WG chair, AD, IESG chair, or IAB chair) to confirm that | reasonable for the chairs of that meeting (WG chair, AD, IESG chair, | |||
| all IPR disclosures have been submitted. | or IAB chair) to confirm that all IPR disclosures have been | |||
| submitted. | ||||
| The meeting chairs ought to request confirmation from each of the | The meeting chairs ought to request confirmation from each of the | |||
| authors and listed contributors, especially if those individuals are | authors and listed contributors, especially if those individuals are | |||
| associated with multiple organizations. Where the presentation | associated with multiple organizations. Where the presentation | |||
| covers a concept that has not yet been documented as an Internet- | covers a concept that has not yet been documented as an Internet- | |||
| Draft, the chairs ought to at least request informal disclosure from | Draft, the chairs ought to at least request informal disclosure from | |||
| the authors and listed contributors, as described above. | the authors and listed contributors, as described above. | |||
| A sample message of the kind that might be sent at this stage is | ||||
| provided under Appendix A.2. | ||||
| 4.2. AD Review | 4.2. AD Review | |||
| When considering the possibility of sponsoring an individual | When considering the possibility of sponsoring an individual | |||
| submission, an AD ought to confirm that all IPR disclosures have been | submission, an AD ought to confirm that all IPR disclosures have been | |||
| submitted. The AD ought to require confirmation from each of the | submitted. The AD ought to require confirmation from each of the | |||
| authors and listed contributors, even if those individuals are | authors and listed contributors, even if those individuals are | |||
| associated with the same organization. As with WG documents, a | associated with the same organization. As with WG documents, a | |||
| Document Shepherd Write-up is also required for AD sponsored | Document Shepherd Write-up is also required for AD sponsored | |||
| documents, following the template at | documents, following the template at | |||
| <http://www.ietf.org/iesg/template/individual-doc-writeup.html>. At | <http://www.ietf.org/iesg/template/individual-doc-writeup.html>. At | |||
| the time of this writing, the template asks the document shepherd to | the time of this writing, the template asks the document shepherd to | |||
| answer the following question: | answer the following question: | |||
| (7) Has each author confirmed that any and all appropriate IPR | (7) Has each author confirmed that any and all appropriate IPR | |||
| disclosures required for full conformance with the provisions of | disclosures required for full conformance with the provisions of | |||
| BCP 78 and BCP 79 have already been filed. If not, explain why. | BCP 78 and BCP 79 have already been filed. If not, explain why. | |||
| A sample message of the kind that might be sent at this stage is | ||||
| provided under Appendix A.6. | ||||
| 4.3. IETF Last Call | 4.3. IETF Last Call | |||
| As with working group documents, IETF Last Call is the mechanism used | As with working group documents, IETF Last Call is the mechanism used | |||
| by the AD and the IESG as a whole to gauge IETF-wide consensus. It | by the AD and the IESG as a whole to gauge IETF-wide consensus. It | |||
| is critical that the community have easy access to all related IPR | is critical that the community have easy access to all related IPR | |||
| statements when considering an Internet-Draft. The current tools | statements when considering an Internet-Draft. The current tools | |||
| automatically include the URL for each IPR statement explicitly | automatically include the URL for each IPR statement explicitly | |||
| linked to the draft when the default IETF Last Call message is | linked to the draft when the default IETF Last Call message is | |||
| generated. If the AD edits this message, the links to IPR disclosure | generated. If the AD edits this message, the links to IPR disclosure | |||
| statements ought to be preserved. | statements ought to be preserved. | |||
| 5. Conclusions | 5. A Note About Preliminary Disclosures | |||
| Early disclosures are not necessarily complete disclosures. Indeed, | ||||
| [RFC3979] can be read as encouraging "preliminary disclosure" (e.g., | ||||
| when a new patent application is made), yet a preliminary disclosure | ||||
| might not be updated as new information becomes available later in | ||||
| the standardization process (e.g., when a patent is actually | ||||
| granted). To help prevent early IPR disclosures from becoming stale | ||||
| or incomplete, at important junctures in the standardization process | ||||
| (e.g., at Working Group adoption, before Working Group Last Call, and | ||||
| before IETF Last Call) WG chairs and ADs are encouraged to request | ||||
| that the Executive Director of the IETF contact those who submitted | ||||
| early IPR disclosures about updating their disclosures. | ||||
| 6. Conclusions | ||||
| WG chairs and ADs are not expected to enforce IPR disclosure rules, | WG chairs and ADs are not expected to enforce IPR disclosure rules, | |||
| and this document does suggest that they take on such a role. | and this document does suggest that they take on such a role. | |||
| However, lack of compliance with IPR disclosure policies can have a | However, lack of compliance with IPR disclosure policies can have a | |||
| significant impact on the Internet Standards Process. To support the | significant impact on the Internet Standards Process. To support the | |||
| efficient development of IETF standards and avoid unnecessary delays, | efficient development of IETF standards and avoid unnecessary delays, | |||
| WG chairs and ADs are encouraged to look for opportunities to promote | WG chairs and ADs are encouraged to look for opportunities to promote | |||
| awareness and compliance with the IETF's IPR policies. The | awareness and compliance with the IETF's IPR policies. The | |||
| strategies in this document promote compliance by raising the | strategies in this document promote compliance by raising the | |||
| question of IPR disclosure at critical junctures in the | question of IPR disclosure at critical junctures in the | |||
| standardization process. | standardization process. | |||
| 6. Security Considerations | 7. Security Considerations | |||
| This document suggests strategies for promoting compliance with IPR | This document suggests strategies for promoting compliance with IPR | |||
| disclosure rules during the IETF standards process. These procedures | disclosure rules during the IETF standards process. These procedures | |||
| do not have a direct impact on the security of the Internet. | do not have a direct impact on the security of the Internet. | |||
| 7. IANA Considerations | 8. IANA Considerations | |||
| This document has no actions for IANA. | This document has no actions for IANA. | |||
| 8. References | 9. References | |||
| 8.1. Normative References | 9.1. Normative References | |||
| [RFC3979] Bradner, S., "Intellectual Property Rights in IETF | [RFC3979] Bradner, S., "Intellectual Property Rights in IETF | |||
| Technology", BCP 79, RFC 3979, March 2005. | Technology", BCP 79, RFC 3979, March 2005. | |||
| [RFC4879] Narten, T., "Clarification of the Third Party Disclosure | [RFC4879] Narten, T., "Clarification of the Third Party Disclosure | |||
| Procedure in RFC 3979", BCP 79, RFC 4879, April 2007. | Procedure in RFC 3979", BCP 79, RFC 4879, April 2007. | |||
| 8.2. Informative References | 9.2. Informative References | |||
| [RFC1602] Huitema, C. and P. Gross, "The Internet Standards Process | [RFC1602] Huitema, C. and P. Gross, "The Internet Standards Process | |||
| -- Revision 2", RFC 1602, March 1994. | -- Revision 2", RFC 1602, March 1994. | |||
| [RFC2026] Bradner, S., "The Internet Standards Process -- Revision | [RFC2026] Bradner, S., "The Internet Standards Process -- Revision | |||
| 3", BCP 9, RFC 2026, October 1996. | 3", BCP 9, RFC 2026, October 1996. | |||
| [RFC2119] Bradner, S., "Key words for use in RFCs to Indicate | [RFC2119] Bradner, S., "Key words for use in RFCs to Indicate | |||
| Requirement Levels", BCP 14, RFC 2119, March 1997. | Requirement Levels", BCP 14, RFC 2119, March 1997. | |||
| skipping to change at page 10, line 5 ¶ | skipping to change at page 10, line 47 ¶ | |||
| [RFC4858] Levkowetz, H., Meyer, D., Eggert, L., and A. Mankin, | [RFC4858] Levkowetz, H., Meyer, D., Eggert, L., and A. Mankin, | |||
| "Document Shepherding from Working Group Last Call to | "Document Shepherding from Working Group Last Call to | |||
| Publication", RFC 4858, May 2007. | Publication", RFC 4858, May 2007. | |||
| [RFC5741] Daigle, L., Kolkman, O., and IAB, "RFC Streams, Headers, | [RFC5741] Daigle, L., Kolkman, O., and IAB, "RFC Streams, Headers, | |||
| and Boilerplates", RFC 5741, December 2009. | and Boilerplates", RFC 5741, December 2009. | |||
| [Sanctions] | [Sanctions] | |||
| Farrel, A. and P. Resnick, "Sanctions Available for | Farrel, A. and P. Resnick, "Sanctions Available for | |||
| Application to Violators of IETF IPR Policy", | Application to Violators of IETF IPR Policy", | |||
| draft-farrresnickel-ipr-sanctions-05 (work in progress), | draft-farrresnickel-ipr-sanctions-06 (work in progress), | |||
| April 2012. | June 2012. | |||
| Appendix A. Sample Messages | Appendix A. Sample Messages | |||
| This section provides sample messages of the kind that ADs, WG | This section provides sample messages of the kind that ADs, WG | |||
| chairs, and WG secretaries can send to meeting presenters, document | chairs, and WG secretaries can send to meeting presenters, document | |||
| authors, document editors, listed contributors, and working groups | authors, document editors, listed contributors, and working groups | |||
| during various stages of the Internet Standards Process. The | during various stages of the Internet Standards Process. The | |||
| messages use a hypothetical working group called the "FOO WG", | messages use a hypothetical working group called the "FOO WG", | |||
| hypothetical WG chairs named "Alice" and "Bob", a hypothetical author | hypothetical WG chairs named "Alice" and "Bob", a hypothetical author | |||
| named "Nigel Throckmorton", a hypothetical AD named "Christopher", | named "Nigel Throckmorton", a hypothetical AD named "Christopher", | |||
| skipping to change at page 10, line 49 ¶ | skipping to change at page 11, line 46 ¶ | |||
| Please note that these messages are only reminders of existing IETF | Please note that these messages are only reminders of existing IETF | |||
| policy, and we are all bound by that policy even in the absence of | policy, and we are all bound by that policy even in the absence of | |||
| such reminder messages. Everyone who participates in the Internet | such reminder messages. Everyone who participates in the Internet | |||
| Standards Process (whether by posting to IETF mailing lists, | Standards Process (whether by posting to IETF mailing lists, | |||
| authoring documents, attending IETF meetings, or in other ways) needs | authoring documents, attending IETF meetings, or in other ways) needs | |||
| to be aware of the IETF rules with regard to IPR. These rules are | to be aware of the IETF rules with regard to IPR. These rules are | |||
| described in BCP79 and can be referenced through | described in BCP79 and can be referenced through | |||
| <http://www.ietf.org/ipr/policy.html>. In addition, online tools for | <http://www.ietf.org/ipr/policy.html>. In addition, online tools for | |||
| filing IPR disclosures can be found at | filing IPR disclosures can be found at | |||
| <http://www.ietf.org/ipr/file-disclosure>. | <http://www.ietf.org/ipr/file-disclosure>. Finally, existing | |||
| disclosures can be searched online at | ||||
| <https://datatracker.ietf.org/ipr/search/>. | ||||
| Also note that these are personal requirements applying to all IETF | Also note that these are personal requirements applying to all IETF | |||
| participants as individuals, and that these requirements also apply | participants as individuals, and that these requirements also apply | |||
| to all participants in the FOO WG. | to all participants in the FOO WG. | |||
| Thanks, | Thanks, | |||
| Alice and Bob | Alice and Bob | |||
| (as FOO WG co-chairs) | (as FOO WG co-chairs) | |||
| A.2. Reminder before WG Adoption of an Individual Internet-Draft | A.2. Reminder to Meeting Presenter | |||
| Subject: IPR about draft-throckmorton-wiffle-bar | ||||
| Dear Nigel, | ||||
| I have received your request to give a talk about | ||||
| draft-throckmorton-wiffle-bar at the next IETF meeting. Before | ||||
| approving this request, I would like to check whether there are any | ||||
| claims of Intellectual Property Rights (IPR) on this document. | ||||
| Are you aware of any IPR that applies to | ||||
| draft-throckmorton-wiffle-bar? If so, has this IPR been disclosed in | ||||
| compliance with IETF IPR rules? (See RFCs 3979, 4879, 3669 and 5378 | ||||
| for more details.) | ||||
| Please reply to this email regardless of whether or not you are | ||||
| personally aware of any relevant IPR. I might not be able to approve | ||||
| your request for a slot on the agenda until I have received a reply | ||||
| from you and any listed contributor. | ||||
| Online tools for filing IPR disclosures can be found at | ||||
| <http://www.ietf.org/ipr/file-disclosure>. | ||||
| Thanks, | ||||
| Alice | ||||
| (as FOO WG co-chair) | ||||
| A.3. Reminder before WG Adoption of an Individual Internet-Draft | ||||
| Subject: Reminder about IPR relating to draft-throckmorton-foo-wiffle | Subject: Reminder about IPR relating to draft-throckmorton-foo-wiffle | |||
| Dear FOO WG, and Especially Authors and Contributors: | Dear FOO WG, and Especially Authors and Contributors: | |||
| As you can see from the consensus call the WG chairs have sent out, | As you can see from the consensus call the WG chairs have sent out, | |||
| the authors have asked for draft-throckmorton-foo-wiffle to be | the authors have asked for draft-throckmorton-foo-wiffle to be | |||
| considered for adoption as a WG document. We would like to check | considered for adoption as a WG document. We would like to check | |||
| whether there are claims of Intellectual Property Rights (IPR) on the | whether there are claims of Intellectual Property Rights (IPR) on the | |||
| document that need to be disclosed. | document that need to be disclosed. | |||
| skipping to change at page 12, line 5 ¶ | skipping to change at page 13, line 28 ¶ | |||
| for a voluntary IPR disclosure under BCP79. Please do not reply | for a voluntary IPR disclosure under BCP79. Please do not reply | |||
| unless you want to make such a voluntary disclosure. | unless you want to make such a voluntary disclosure. | |||
| Online tools for filing IPR disclosures can be found at | Online tools for filing IPR disclosures can be found at | |||
| <http://www.ietf.org/ipr/file-disclosure>. | <http://www.ietf.org/ipr/file-disclosure>. | |||
| Alice | Alice | |||
| (as FOO WG co-chair) | (as FOO WG co-chair) | |||
| A.3. Reminder before Working Group Last Call | A.4. Reminder before Working Group Last Call | |||
| Subject: Reminder about IPR relating to draft-ietf-foo-wiffle | Subject: Reminder about IPR relating to draft-ietf-foo-wiffle | |||
| Dear FOO WG: | Dear FOO WG: | |||
| The authors of draft-ietf-foo-wiffle have asked for a Working Group | The authors of draft-ietf-foo-wiffle have asked for a Working Group | |||
| Last Call. Before issuing the Working Group Last Call, we would like | Last Call. Before issuing the Working Group Last Call, we would like | |||
| to check whether any claims of Intellectual Property Rights (IPR) on | to check whether any claims of Intellectual Property Rights (IPR) on | |||
| the document have not yet been disclosed. | the document have not yet been disclosed. | |||
| skipping to change at page 12, line 41 ¶ | skipping to change at page 14, line 15 ¶ | |||
| Online tools for filing IPR disclosures can be found at | Online tools for filing IPR disclosures can be found at | |||
| <http://www.ietf.org/ipr/file-disclosure>. | <http://www.ietf.org/ipr/file-disclosure>. | |||
| Thanks, | Thanks, | |||
| Bob | Bob | |||
| (as FOO WG co-chair) | (as FOO WG co-chair) | |||
| A.4. Reminder to Meeting Presenter | A.5. Reminder to Authors and Listed Contributors of a Working Group | |||
| Document before IETF Last Call | ||||
| Subject: IPR about draft-throckmorton-wiffle-bar | Subject: Reminder about IPR relating to draft-ietf-foo-wiffle | |||
| Dear Nigel, | Dear Authors and Contributors (Chairs and Shepherd cc'd), | |||
| I have received your request to give a talk about | Before proceeding with your request to issue an IETF Last Call on | |||
| draft-throckmorton-wiffle-bar at the next IETF meeting. Before | draft-ietf-foo-wiffle, I would like to check whether there are any | |||
| approving this request, I would like to check whether there are any | claims of Intellectual Property Rights (IPR) on the document. | |||
| claims of Intellectual Property Rights (IPR) on this document. | ||||
| Are you aware of any IPR that applies to | Are you personally aware of any IPR that applies to | |||
| draft-throckmorton-wiffle-bar? If so, has this IPR been disclosed in | draft-ietf-foo-wiffle? If so, has this IPR been disclosed in | |||
| compliance with IETF IPR rules? (See RFCs 3979, 4879, 3669 and 5378 | compliance with IETF IPR rules? (See RFCs 3979, 4879, 3669 and 5378 | |||
| for more details.) | for more details.) | |||
| Please reply to this email regardless of whether or not you are | Please reply to this email regardless of whether or not you are | |||
| personally aware of any relevant IPR. I might not be able to approve | personally aware of any relevant IPR. I might not be able to advance | |||
| your request for a slot on the agenda until I have received a reply | this document to the next stage until I have received a reply from | |||
| from you and any listed contributor. | you and any listed contributor. | |||
| Online tools for filing IPR disclosures can be found at | Online tools for filing IPR disclosures can be found at | |||
| <http://www.ietf.org/ipr/file-disclosure>. | <http://www.ietf.org/ipr/file-disclosure>. | |||
| Thanks, | Thanks, | |||
| Christopher | Christopher | |||
| (as AD) | (as AD) | |||
| A.5. Reminder to Author of an Individual Submission before IETF Last | A.6. Reminder to Author of an Individual Submission before IETF Last | |||
| Call | Call | |||
| Subject: Reminder about IPR relating to draft-throckmorton-wiffle-bar | Subject: Reminder about IPR relating to draft-throckmorton-wiffle-bar | |||
| Dear Nigel, | Dear Nigel, | |||
| Before proceeding with your request for AD sponsoring of | Before proceeding with your request for AD sponsoring of | |||
| draft-throckmorton-wiffle-bar, I would like to check whether there | draft-throckmorton-wiffle-bar, I would like to check whether there | |||
| are any claims of Intellectual Property Rights (IPR) on the document. | are any claims of Intellectual Property Rights (IPR) on the document. | |||
| Are you personally aware of any IPR that applies to | Are you personally aware of any IPR that applies to | |||
| draft-throckmorton-wiffle-bar? If so, has this IPR been disclosed in | draft-throckmorton-wiffle-bar? If so, has this IPR been disclosed in | |||
| compliance with IETF IPR rules? (See RFCs 3979, 4879, 3669 and 5378 | compliance with IETF IPR rules? (See RFCs 3979, 4879, 3669 and 5378 | |||
| for more details.) | for more details.) | |||
| Please reply to this email regardless of whether or not you are | Please reply to this email regardless of whether or not you are | |||
| skipping to change at page 14, line 7 ¶ | skipping to change at page 15, line 29 ¶ | |||
| <http://www.ietf.org/ipr/file-disclosure>. | <http://www.ietf.org/ipr/file-disclosure>. | |||
| Thanks, | Thanks, | |||
| Christopher | Christopher | |||
| (as AD) | (as AD) | |||
| Appendix B. Acknowledgements | Appendix B. Acknowledgements | |||
| Thanks to Scott Brim, Adrian Farrel, Stephen Farrell, Russ Housley, | Thanks to Scott Brim, Stewart Bryant, Benoit Claise, Adrian Farrel, | |||
| Subramanian Moonesamy, Thomas Narten, Pete Resnick, and Stephan | Stephen Farrell, Russ Housley, Subramanian Moonesamy, Thomas Narten, | |||
| Wenger for their feedback; and to Loa Andersson, Ross Callon, and | Pete Resnick, and Stephan Wenger for their feedback; to Loa | |||
| George Swallow for drafts of some of the sample email messages. | Andersson, Ross Callon, and George Swallow for drafts of some of the | |||
| sample email messages; and to Stephen Farrell for shepherding the | ||||
| document. | ||||
| Authors' Addresses | Authors' Addresses | |||
| Tim Polk | Tim Polk | |||
| National Institute of Standards and Technology | National Institute of Standards and Technology | |||
| 100 Bureau Drive, MS 8930 | 100 Bureau Drive, MS 8930 | |||
| Gaithersburg, MD 20899-8930 | Gaithersburg, MD 20899-8930 | |||
| USA | USA | |||
| Email: tim.polk@nist.gov | Email: tim.polk@nist.gov | |||
| End of changes. 37 change blocks. | ||||
| 93 lines changed or deleted | 171 lines changed or added | |||
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