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Run idnits with the --verbose option for more detailed information about the items above. -------------------------------------------------------------------------------- 2 Network Working Group S. Bradner 3 Internet-Draft Harvard University 4 Editor 5 February 2006 7 RFC 3978 Update 9 11 Status of this Memo 13 By submitting this Internet-Draft, each author represents that any 14 applicable patent or other IPR claims of which he or she is aware 15 have been or will be disclosed, and any of which he or she becomes 16 aware will be disclosed, in accordance with Section 6 of BCP 79. 18 Internet-Drafts are working documents of the Internet Engineering 19 Task Force (IETF), its areas, and its working groups. Note that 20 other groups may also distribute working documents as Internet- 21 Drafts. 23 Internet-Drafts are draft documents valid for a maximum of six months 24 and may be updated, replaced, or obsoleted by other documents at any 25 time. It is inappropriate to use Internet-Drafts as reference 26 material or to cite them other than as "work in progress." 28 The list of current Internet-Drafts can be accessed at 29 http://www.ietf.org/ietf/1id-abstracts.txt 31 The list of Internet-Draft Shadow Directories can be accessed at 32 http://www.ietf.org/shadow.html 34 This Internet-Draft will expire on August 25, 2006. 36 Abstract 37 This document modifies RFC 3978 "IETF Rights in Contributions" as 38 follows: (1) recognizing that the IETF Trust is now the proper 39 custodian of all IETF-related intellectual property rights, (2) 40 giving IETF Trust the right to permit extraction of material from 41 RFCs, and (3) giving IETF Trust the right to permit others to create 42 derivative works outside the IETF Standards Process. 44 This document does not constrain how the IETF Trust exercises those 45 rights. 47 Copyright Notice 48 Copyright (C) The Internet Society. (2006) 50 1. Introduction 52 1.1 IETF Trust 54 Currently the IETF requires that authors of Contributions to the IETF 55 grant to the IETF (meaning the full set of participants in the IETF 56 Standards Process) a limited set of non-exclusive rights and 57 permissions as part of the process of submitting such Contribution. 58 These rights and permissions are detailed in "IETF Rights in 59 Contributions" (RFC 3978 - BCP 78) [RFC3978]. 61 The IETF Trust was recently formed to act as the administrative 62 custodian of all copyrights and other intellectual property rights 63 relating to the IETF Standards Process that had previously been held 64 by ISOC (See [reference to IETF Trust Agreement]). This document 65 modifies RFC 3978 in order to implement this structure. Most 66 importantly, it alters the license-grant path as follows: whereas 67 previously authors of Contributions to the IETF would grant a license 68 both to ISOC and to all IETF participants, it is now proposed that 69 such authors grant a license to the IETF Trust (in Section 3.3), and 70 that the IETF Trust concurrently grant the necessary corresponding 71 licenses to all IETF participants (in a new Section 3.7). 73 In addition, under new Section 3.7 the IETF Trust will be able to 74 grant rights to third parties (such as the right to reproduce and/or 75 create derivative works outside of the IETF Standards Process). This 76 right may be constrained in future RFCs, and this memo is not 77 intended to dictate how or when the IETF Trust may grant licenses to 78 third parties. It merely obtains the necessary "inbound" rights from 79 the relevant Contributors. 81 1.2. Extractions from RFCs 83 Many people have expressed a desire to extract material from IETF 84 RFCs for use in documentation, textbooks, on-line help systems, and 85 for similar uses. In addition, some IETF RFCs contain MIBs and other 86 types of program code that could be compiled. The IETF Trust should 87 update Section 3.3(a)(E) of RFC 3978 (now renumbered 3.3(E)) to at 88 least explicitly permit extracting material, without modification of 89 the text or figures, for such uses. Non-substantive changes such as 90 changes to fonts, and translations into languages other than English 91 would be permitted. 93 1.3 Right to reprint RFCs 95 Since the start of the RFC series, third parties have been free to 96 reproduce RFCs as-is or as translations. The permission to do so was 97 not specifically noted in early RFCs (other than a note to say that 98 the distribution of the RFC was unlimited). The copyright notice 99 introduced with RFC 1602 specifically granted these permissions. But 100 an unintended byproduct of the attempt in BCP 78 to simplify the 101 copyright statement in published RFCs was the lack of any specific 102 statement of these permissions in the RFC copyright notice or in BCP 103 78. The IETF Trust should add a new Section 3.3(F) to RFC 3978 to 104 clarify that the Contributor permits the IETF Trust to grant this 105 right to third parties, and also add the IETF Trust's grant of such 106 license as to both the rights granted by each Contributor and the 107 rights in the collection that are possessed by IETF Trust itself. 108 This latter grant was previously implied through the copyright legend 109 material included in RFC documents, but was not expressed as a 110 license grant as it now is. 112 1.4 Derivative Works 114 Currently the IETF obtains from Contributors the right to prepare 115 derivative works of their Contributions within the IETF Standards 116 Process. This is done in RFC 3978 Section 3.3 (a) (C). The IETF 117 Trust should modify that paragraph in Section 3.7 to grant the IETF 118 Trust the ability to authorize the preparation of derivative works 119 without limiting such development to the IETF Standards Process. 120 Such a paragraph would not, by itself, grant any additional 121 permissions outside of the IETF, but would empower the IETF Trust to 122 authorize the development of derivative works outside of the IETF 123 Standards Process. One example of where the IETF Trust might grant 124 such a right is the case where another standards development 125 organization (SDO) wants to update or extend an IETF technology 126 (which would normally be done by the SDO sending their requirements 127 to the IETF) but the IETF no longer has a working group focused on 128 the particular technology and the IETF does not have the interest to 129 create a new working group. 131 1.5 No Retroactive Effect 133 The addition of these rights to those granted by Contributors under 134 RFC 3978 starts with the publication of this memo as a RFC. This 135 memo does not retroactively obtain these rights from Contributions 136 that predate the publication of this memo as a RFC. Accordingly, the 137 legends and other text accompanying this memo still reflect the 138 provisions of RFC 3978, even though those provisions will be amended 139 once this memo is published as an RFC. However, nothing prevents the 140 Contributors of such Contributions voluntarily granting these rights 141 retroactively. 143 2. General Statements 145 2.1 In order to clarify that Contributors are bound by all provisions 146 of RFC 3978 upon submission of a Contribution to the IETF, the 147 following paragraph is moved from Section 3.3 to the end of Section 148 3.1, with clarifying adjustments: 150 "By submission of a Contribution, each person actually submitting 151 the Contribution, and each named co-Contributor, is deemed to 152 agree to the terms and conditions set forth in this document, on 153 his or her own behalf and on behalf of the organization the 154 Contributor represents or is sponsored by (if any), when 155 submitting the Contribution." 157 2.2 Because it is necessary in this document to refer to individual 158 IETF participants, the following sentence is added at the end of the 159 definition of "IETF" in Section 1(a) of RFC 3978: 161 "An "IETF Participant" shall mean any such individual 162 participant." 164 3. Rights Granted By Contributors to IETF Trust - New Section 3.3 166 The following text describes the rights that are granted by each 167 Contributor to the IETF Trust and replaces Section 3.3 of RFC 3978 in 168 full: 170 "3.3. Rights Granted by Contributors to IETF Trust 172 To the extent that a Contribution or any portion thereof is 173 protected by copyright or other rights of authorship, the 174 Contributor, and each named co-Contributor, and the organization 175 he or she represents or is sponsored by (if any) grant a 176 perpetual, irrevocable, non-exclusive, royalty-free, world-wide 177 right and license to the IETF Trust under all such copyrights and 178 other rights in the Contribution, with the understanding that the 179 IETF Trust shall have the right to sublicense these rights to the 180 extent described in Section 3.7 below: 182 (A) to copy, print, publish, display, and distribute the 183 Contribution as part of the IETF Standards Process or in an 184 Internet-Draft, 186 (B) to prepare or allow the preparation of translations of the 187 Contribution into languages other than English, 189 (C) unless explicitly disallowed in the notices contained in a 190 Contribution [as per Section 5.2 below], 191 (1) to modify or prepare derivative works (in addition to 192 translations) that are based on or incorporate all or part 193 of the Contribution or comment upon it, within the IETF 194 Standards Process, and 196 (2) as determined by the IETF Trust, to grant third parties the 197 right to modify or prepare derivative works of the 198 Contribution outside of the IETF Standards Process, and to 199 copy, publish, display and distribute such modifications or 200 derivative works outside the IETF Standards Process, subject 201 to a requirement to properly acknowledge the IETF (it being 202 understood that neither consent of, nor notice to, the 203 Contributor shall be required for any such grant), 205 provided that in each case the license to such modification or 206 derivative works does not grant any more rights than the 207 license to the original Contribution, and 209 (D) to reproduce any trademarks, service marks or trade names 210 which are included in the Contribution solely in connection 211 with the reproduction, distribution or publication of the 212 Contribution and derivative works thereof as permitted by this 213 Section 3.3, provided that when reproducing Contributions, 214 trademark and service mark identifiers used in the 215 Contribution, including (TM) and (R) will be preserved, and 217 (E) to extract, copy, print, publish, display, distribute and 218 incorporate into other works, for any purpose (and not limited 219 to use within the IETF Standards Process), any portion of the 220 Contribution without modification (other than non-substantive 221 modifications such as reformatting, translation into languages 222 other than English or compilation of source code statements 223 into executable code), and further provided that the notices 224 required by Sections 5.4 or 5.6 below, as applicable, are 225 included, and 227 (F) to permit third parties to copy, publish, display and 228 distribute the Contribution without modification, as part of a 229 full, unmodified RFC and to permit third parties to translate 230 the Contribution as part of a full, unmodified RFC into 231 languages other than English, for any purpose, whether or not 232 within the IETF Standards Process. 234 The licenses granted in this Section 3.3 shall not be deemed to 235 grant any right under any patent, patent application or other 236 similar intellectual property right disclosed by the 237 Contributor under BCP 79. 239 4. Rights Granted By IETF Trust to IETF Participants - Possible new 240 Section 3.7 242 Now that Contributors are granting rights to the IETF Trust, the IETF 243 Trust will have to state what rights are being granted to IETF 244 Participants. Accordingly, the IETF should add text no more 245 restrictive than the following Section 3.7. Such a section woukd 246 simply repeat the license grants from Section 3.3 that are intended 247 to be granted to all IETF Participants. Additional rights described 248 in Section 3.3 could also be granted by the IETF Trust pursuant to 249 separate documents. 251 "3.7 Rights granted by IETF Trust to IETF Participants 253 The IETF Trust hereby grants to each IETF Participant, to the 254 greatest extent it is permitted to do so, the following perpetual, 255 irrevocable, non-exclusive, royalty-free, world-wide rights and 256 licenses under all copyrights and other rights of authors: 258 (A) to copy, publish, display, and distribute each IETF Document 259 (including all Contributions and other portion thereof) as part 260 of the IETF Standards Process, in an Internet-Draft or 261 otherwise, 263 (B) to prepare translations of IETF Documents (including all 264 Contributions and other portion thereof) into languages other 265 than English, 267 (C) unless explicitly disallowed in the notices contained in a 268 Contribution [as per Section 5.2 below], to modify or prepare 269 derivative works (in addition to translations) that are based 270 on or incorporate all or part of the Contribution or comment 271 upon it, within the IETF Standards Process, provided that in 272 each case the license to such modification or derivative works 273 does not grant any more rights than the license granted to the 274 IETF Trust in the original Contribution, and 276 (D) to reproduce any trademarks, service marks or trade names 277 which are included in a Contribution solely in connection with 278 the reproduction, distribution or publication of the 279 Contribution and derivative works thereof as permitted by this 280 Section 3.7, provided that when reproducing Contributions, 281 trademark and service mark identifiers used in the 282 Contribution, including (TM) and (R) will be preserved. 284 The licenses granted in this Section 3.7 shall not be deemed 285 to grant any right under any patent, patent application or other 286 similar intellectual property right disclosed by the Contributor 287 under BCP 79. 289 5. Rights Granted By IETF Trust to Third Parties - Possible New 290 Section 3.8 292 Under the licenses granted by Contributors in Section 3.3, the IETF 293 Trust has the ability to grant rights in Contributions and other 294 portions of IETF Documents to third parties for use outside the IETF 295 Standards Process. One such right is the right to copy and 296 republish IETF Documents without modification. This right is 297 automatically granted to all persons pursuant to new Section 298 3.8(A)(1) below. Other rights may be granted by the IETF Trust in 299 its discretion. Rules about the exercise of this discretion may be 300 implemented at a later date, and do not form part of this document. 302 "3.8 Rights Granted by the IETF Trust to Third Parties 304 (A) The IETF Trust hereby grants to any person wishing to obtain 305 such rights, to the greatest extent it is permitted to do so, 306 the following perpetual, irrevocable, non-exclusive, royalty- 307 free, world-wide rights and licenses under all copyrights and 308 other rights of authors: 310 (1) to extract, copy, publish, display, distribute and 311 incorporate into other works, for any purpose (and not 312 limited to use within the IETF Standards Process), all or 313 any portion of any IETF Document (including all 314 Contributions and other portions thereof) without 315 modification (other than non-substantive modifications such 316 as reformatting, translation into languages other than 317 English or compilation of source code statements into 318 executable code), and further provided that the notices 319 required by Sections 5.4 or 5.6 below, as applicable, are 320 included. 322 (B) The IETF Trust may, in its discretion, grant additional right 323 to third parties to the extent that its licenses under Section 324 3.3 permit it to do so. Until specific procedures for the 325 exercise of such discretion are published in an RFC, the IETF 326 Trust shall consult with the IESG prior to granting any such 327 rights. 329 6. Legends and Notifications 331 The legends and notifications required by RFC 3978 are hereby updated 332 as set forth below to reflect the other provisions of this document. 334 6.1 The first paragraph of Section 5 of RFC 3978 explains the 335 requirement for applying certain notices and legends to IETF 336 documents. There has been considerable confusion in the past 337 regarding the meaning of the copyright notice on these documents. 338 Accordingly, the first paragraph of Section 5 is hereby amended as 339 follows to explain the purpose and meaning of this copyright notice 340 requirement, as well as to substitute "IETF Trust" for "ISOC": 342 "The IETF requires that certain notices and disclaimers described 343 in this Section 5 be reproduced verbatim in all IETF Documents 344 (including copies, derivative works and translations of IETF 345 Documents, but subject to the limited exceptions noted in Section 346 5.2). This requirement protects the IETF Trust, IETF and IETF 347 Participants from liabilities connected with these documents. 349 The copyright notice also alerts readers that the document is an 350 IETF Document, and that the IETF Trust owns the copyright in the 351 "collective work", as well as certain aspects of the document, 352 such as its layout, the RFC numbering convention and the prefatory 353 language of the document. This legend is not, however, intended 354 to imply that IETF or the IETF Trust owns the text of any 355 Contribution included in an IETF Document. Rather, ownership of 356 such Contributions is retained by the author(s) or remains in the 357 public domain, as applicable, subject only to the licenses granted 358 to IETF and the IETF Trust under Section 3.3 above." 360 6.2 Update copyright statement and clarify text about additional 361 copyright statements 363 The creation of the IETF Trust to hold IETF-related IPR requires that 364 the copyright statement in Section 5.4 be changed. Since it has been 365 established practice to include a one-line copyright statement near 366 the beginning of IETF Documents this should be mentioned. 368 The text in Section 5.4 about multiple copyright statements has 369 occasionally been misinterpreted so should be clarified. 371 6.2.1 Revised Section 5.4 373 5.4. Copyright Notices (required for all IETF Documents) 375 (Normally placed near the beginning of the IETF Documents) 377 "Copyright (C) The IETF Trust (year). 379 (Normally placed at the end of the IETF Document.) 381 "Copyright (C) The IETF Trust (year). 383 This document is subject to the rights, licenses and 384 restrictions contained in BCP 78, and except as set forth 385 therein, the authors retain all their rights." 387 Only copyright notices for the IETF Trust are permitted in IETF 388 Documents except in the case where such a document is the product 389 of a joint development effort between the IETF and another 390 standards development organization or the document is a 391 republication of the work of another standards organization. Such 392 exceptions must be approved on an individual basis by the IAB. 394 6.3 In Section 5.6 of RFC 3978, all occurrences of "Internet Society" 395 or "ISOC" are replaced by "IETF Trust". 397 to reduce confusion the note about multiple copyright notices 399 6.4 In Section 5.5 of RFC 3978, ", THE IETF TRUST" is inserted after 400 "INTERNET SOCIETY". 402 7. Errata 404 7.1 The two sentences of Section 4.2(a)(C) are combined into a single 405 sentence separated by a comma. 407 7.2 In Section 7.1, all occurrences of "Internet Society" or "ISOC" are 408 replaced by "IETF Trust". 410 7.3 The section reference at the end of the first paragraph of Section 411 7.3 is changed from 3.3(E) to 3.3(C). 413 7.4. In Section 8, ", the IETF Trust" is inserted after "ISOC". 415 8. References 417 8.1. Normative References 419 [RFC 3978] Bradner, S., Ed., "IETF Rights in Contributions", BCP 78, 420 RFC 3978, March 2005. 422 [BCP 101] Austein, R., and B. Wijnen, "Structure of the IETF 423 Administrative Support Activity (IASA)," BCP 101, RFC 4071, April 424 2005. 426 [IETF Trust Agreement?] 428 9. Acknowledgements 430 Thanks to Jorge Contreras from Wilmer, Cutler, Pickering, Hale and 431 Dorr LLP who provided a significant rewrite of my material. 433 10. Editor's Address 435 Scott Bradner 436 Harvard University 437 29 Oxford St. 438 Cambridge MA, 02138 440 Phone: +1 617 495 3864 441 EMail: sob@harvard.edu 443 11. Full copyright statement 445 Copyright (C) The Internet Society (2006). This document is subject 446 to the rights, licenses and restrictions contained in BCP 78, and 447 except as set forth therein, the authors retain all their rights. 449 This document and the information contained herein are provided on an 450 "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS 451 OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY AND THE INTERNET 453 ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, 454 INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE 455 INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED 456 WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 458 Intellectual Property 460 The IETF takes no position regarding the validity or scope of any 461 Intellectual Property Rights or other rights that might be claimed to 462 pertain to the implementation or use of the technology described in 463 this document or the extent to which any license under such rights 464 might or might not be available; nor does it represent that it has 465 made any independent effort to identify any such rights. Information 466 on the procedures with respect to rights in RFC documents can be 467 found in BCP 78 and BCP 79. 469 Copies of IPR disclosures made to the IETF Secretariat and any 470 assurances of licenses to be made available, or the result of an 471 attempt made to obtain a general license or permission for the use of 472 such proprietary rights by implementers or users of this 473 specification can be obtained from the IETF on-line IPR repository at 474 http://www.ietf.org/ipr. The IETF invites any interested party to 475 bring to its attention any copyrights, patents or patent 476 applications, or other proprietary rights that may cover technology 477 that may be required to implement this standard. Please address the 478 information to the IETF at ietf-ipr@ietf.org. 480 Acknowledgement 482 Funding for the RFC Editor function is currently provided by the 483 Internet Society.