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You should update this to the boilerplate described in the IETF Trust License Policy document (see https://trustee.ietf.org/license-info), which is required now. -- Found old boilerplate from RFC 3978, Section 5.1 on line 18. -- Found old boilerplate from RFC 3979, Section 5, paragraph 1 on line 317. -- Found old boilerplate from RFC 3979, Section 5, paragraph 2 on line 328. -- Found old boilerplate from RFC 3979, Section 5, paragraph 3 on line 328. ** This document has an original RFC 3978 Section 5.4 Copyright Line, instead of the newer IETF Trust Copyright according to RFC 4748. ** The document seems to lack an RFC 3978 Section 5.5 (updated by RFC 4748) Disclaimer -- however, there's a paragraph with a matching beginning. Boilerplate error? Checking nits according to https://www.ietf.org/id-info/1id-guidelines.txt: ---------------------------------------------------------------------------- == No 'Intended status' indicated for this document; assuming Proposed Standard Checking nits according to https://www.ietf.org/id-info/checklist : ---------------------------------------------------------------------------- ** The document seems to lack a Security Considerations section. ** The document seems to lack an IANA Considerations section. (See Section 2.2 of https://www.ietf.org/id-info/checklist for how to handle the case when there are no actions for IANA.) Miscellaneous warnings: ---------------------------------------------------------------------------- == The copyright year in the RFC 3978 Section 5.4 Copyright Line does not match the current year -- The document seems to lack a disclaimer for pre-RFC5378 work, but may have content which was first submitted before 10 November 2008. If you have contacted all the original authors and they are all willing to grant the BCP78 rights to the IETF Trust, then this is fine, and you can ignore this comment. If not, you may need to add the pre-RFC5378 disclaimer. (See the Legal Provisions document at https://trustee.ietf.org/license-info for more information.) -- The document date (July 2006) is 6494 days in the past. Is this intentional? Checking references for intended status: Proposed Standard ---------------------------------------------------------------------------- (See RFCs 3967 and 4897 for information about using normative references to lower-maturity documents in RFCs) == Missing Reference: 'RFC3978' is mentioned on line 54, but not defined ** Obsolete undefined reference: RFC 3978 (Obsoleted by RFC 5378) == Unused Reference: 'RFC 3978' is defined on line 267, but no explicit reference was found in the text == Unused Reference: 'BCP 101' is defined on line 270, but no explicit reference was found in the text ** Obsolete normative reference: RFC 3978 (Obsoleted by RFC 5378) ** Obsolete normative reference: RFC 4071 (ref. 'BCP 101') (Obsoleted by RFC 8711) Summary: 8 errors (**), 0 flaws (~~), 5 warnings (==), 6 comments (--). 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 Jorge Contreras 5 WilmerHale 6 Editors 7 July 2006 9 RFC 3978 Update 11 13 Status of this Memo 15 By submitting this Internet-Draft, each author represents that any 16 applicable patent or other IPR claims of which he or she is aware 17 have been or will be disclosed, and any of which he or she becomes 18 aware will be disclosed, in accordance with Section 6 of BCP 79. 20 Internet-Drafts are working documents of the Internet Engineering 21 Task Force (IETF), its areas, and its working groups. Note that 22 other groups may also distribute working documents as Internet- 23 Drafts. 25 Internet-Drafts are draft documents valid for a maximum of six months 26 and may be updated, replaced, or obsoleted by other documents at any 27 time. It is inappropriate to use Internet-Drafts as reference 28 material or to cite them other than as "work in progress." 30 The list of current Internet-Drafts can be accessed at 31 http://www.ietf.org/ietf/1id-abstracts.txt 33 The list of Internet-Draft Shadow Directories can be accessed at 34 http://www.ietf.org/shadow.html 36 This Internet-Draft will expire on December 20, 2006. 38 Abstract 39 This document modifies RFC 3978 "IETF Rights in Contributions" by 40 recognizing that the IETF Trust is now the proper custodian of all 41 IETF-related intellectual property rights. 43 Copyright Notice 44 Copyright (C) The Internet Society. (2006) 46 1. Introduction 47 1.1 IETF Trust 49 Currently the IETF requires that authors of Contributions to the IETF 50 grant to the IETF (meaning the full set of participants in the IETF 51 Standards Process) a limited set of non-exclusive rights and 52 permissions as part of the process of submitting such Contribution. 53 These rights and permissions are detailed in "IETF Rights in 54 Contributions" (RFC 3978 - BCP 78) [RFC3978]. 56 The IETF Trust was recently formed to act as the administrative 57 custodian of all copyrights and other intellectual property rights 58 relating to the IETF Standards Process that had previously been held 59 by ISOC (See [reference to IETF Trust Agreement]). This document 60 modifies RFC 3978 in order to implement this structure. Most 61 importantly, it alters the license-grant path as follows: whereas 62 previously authors of Contributions to the IETF would grant a license 63 both to ISOC and to all IETF participants, it is now proposed that 64 such authors grant a license to the IETF Trust (in Section 3.3), and 65 that the IETF Trust concurrently grant the necessary corresponding 66 licenses to all IETF participants (in a new Section 3.7). 68 In addition, under new Section 3.8 the IETF Trust will be able to 69 grant limited rights to third parties consistent with current IETF 70 practice and rules under RFC 3978 (such as the right to reproduce 71 IETF documents in unmodified form and to extract and modify code from 72 IETF Documents). This document is not intended to alter or expand 73 the rights that may be granted to third parties. 75 1.5 No Retroactive Effect 77 The rights granted under this memo starts with the publication of 78 this memo as an RFC. This memo does not retroactively obtain these 79 rights from Contributions that predate the publication of this memo 80 as a RFC. Accordingly, the legends and other text accompanying this 81 memo still reflect the provisions of RFC 3978, even though those 82 provisions will be amended once this memo is published as an RFC. 84 1.6 Normative versus Informative references 86 Section 1 of this memo is intended to be informative only. Section 2 87 of this memo is normative. 89 2. UPDATES TO RFC 3978 91 2.1 RIGHTS GRANTED BY CONTRIBUTORS TO IETF TRUST - UPDATE TO SECTION 92 3.3 94 The following text describes the rights that are granted by each 95 Contributor to the IETF Trust and replaces Section 3.3 of RFC 3978 in 96 full: 98 "3.3. Rights Granted by Contributors to IETF Trust 100 To the extent that a Contribution or any portion thereof is 101 protected by copyright or other rights of authorship, the 102 Contributor, and each named co-Contributor, and the organization 103 he or she represents or is sponsored by (if any) grant a 104 perpetual, irrevocable, non-exclusive, royalty-free, world-wide 105 right and license to the IETF Trust under all such copyrights and 106 other rights in the Contribution, provided that the IETF Trust 107 shall have the right to sublicense these rights solely to the 108 extent described in Section 3.7 and 3.8 below: 110 (A) to copy, publish, display, and distribute the Contribution, 111 in whole or in part, 113 (B) to prepare translations of the Contribution into languages 114 other than English, and to copy, publish, display, and 115 distribute such translations or portions thereof, 117 (C) unless explicitly disallowed in the notices contained in a 118 Contribution [as per Section 5.2 below], to modify or prepare 119 derivative works (in addition to translations) that are based 120 on or incorporate all or part of the Contribution, and to copy, 121 publish, display, and distribute such derivative works, and 123 (D) to reproduce any trademarks, service marks or trade names 124 which are included in the Contribution solely in connection 125 with the reproduction, distribution or publication of the 126 Contribution and derivative works thereof as permitted by this 127 Section 3.3, provided that when reproducing Contributions, 128 trademark and service mark identifiers used in the 129 Contribution, including TM and (r) will be preserved. 131 The licenses granted in this Section 3.3 shall not be deemed to 132 grant any right under any patent, patent application or other 133 similar intellectual property right disclosed by the Contributor 134 under BCP 79 or otherwise." 136 2.2 RIGHTS GRANTED BY IETF TRUST TO IETF PARTICIPANTS - NEW SECTION 3.7 138 Now that Contributors are granting rights to the IETF Trust, the IETF 139 Trust must state what rights are being granted to IETF Participants 140 to enable the IETF to accomplish its work. Accordingly, the 141 following Section 3.7 is added. This section simply repeats the 142 license grants from Section 3.3 that are intended to be granted to 143 all IETF Participants within the IETF Standards Process. 145 The following new Section 3.7 is hereby added to RFC 3978: 147 "3.7 Rights granted by IETF Trust to IETF Participants within the 148 IETF Standards Process 150 The IETF Trust hereby grants to each IETF Participant, to the 151 greatest extent that it is permitted to do so under the licenses 152 granted to it under Section 3.3 above, the following perpetual, 153 irrevocable, non-exclusive, royalty-free, world-wide rights and 154 licenses under all copyrights and other rights of authors, which 155 rights may be exercised solely within the IETF Standards Process: 157 (A) to copy, publish, display, and distribute each IETF Document 158 (including all Contributions and other portions thereof) in 159 unmodified form, 161 (B) to prepare translations of IETF Documents (including all 162 Contributions and other portion thereof) into languages other 163 than English, and to copy, publish, display, and distribute 164 such translations, 166 (C) unless explicitly disallowed in the notices contained in an 167 IETF Document [as per Section 5.2 below], to modify or prepare 168 derivative works (in addition to translations) that are based 169 on or incorporate all or part of the IETF Document (including 170 any Contribution included therein), and to copy, publish, 171 display, and distribute such derivative works or portions 172 thereof, and 174 (D) to reproduce any trademarks, service marks or trade names 175 which are included in a Contribution solely in connection with 176 the reproduction, distribution or publication of the 177 Contribution and derivative works thereof as permitted by this 178 Section 3.7, provided that when reproducing Contributions, 179 trademark and service mark identifiers used in the 180 Contribution, including (TM) and (r) will be preserved." 182 2.3 RIGHTS GRANTED BY IETF TRUST TO THIRD PARTIES - NEW SECTION 3.8 184 Under the licenses granted by Contributors in Section 3.3, the IETF 185 Trust has the ability to grant rights in Contributions and other 186 portions of IETF Documents to third parties for use outside the IETF 187 Standards Process. One such right is the right to copy and 188 republish IETF Documents without modification. Another right is to 189 use and modify code extracts from IETF Documents. These rights are 190 not new, and they currently exist in RFC 3978. They are included in 191 this new section only due to the introduction of the IETF Trust to 192 this structure. Other rights may be granted by the IETF Trust to 193 third parties as and when authorized by future documents approved by 194 the IETF community. 196 The following new Section 3.8 is hereby added to RFC 3978: 198 "3.8 Rights Granted by the IETF Trust to Third Parties 200 The IETF Trust hereby grants to any person wishing to obtain such 201 rights, to the greatest extent it is permitted to do so, the 202 following perpetual, irrevocable, non-exclusive, royalty-free, 203 world-wide rights and licenses under all copyrights and other 204 rights of authors, which rights may be exercised within or outside 205 the IETF Standards Process: 207 (A) to copy, publish, display, and distribute each IETF Document 208 (including all Contributions and other portions thereof) in 209 unmodified form, 211 (B) to prepare translations of IETF Documents (including all 212 Contributions and other portions thereof) into languages other 213 than English, and to copy, publish, display, and distribute such 214 translations, 216 (C) to extract, modify, incorporate into other works, copy, publish, 217 display, and distribute executable code or code fragments that are 218 included in any IETF Document (such as MIB and PIB modules), 219 subject to the notification requirements of Section 5." 221 2.4 LEGENDS, NOTIFICATIONS AND ERRATA 223 The following provisions of RFC 3978 are hereby updated as set forth 224 below to reflect the introduction of the IETF Trust to this 225 structure. 227 1) In Sections 5.4 and 5.6 of RFC 3978, all occurrences of 228 "Internet Society" or "ISOC" are replaced by "IETF Trust". 230 2) In Section 5.5 of RFC 3978, ", THE IETF TRUST" is inserted after 231 "INTERNET SOCIETY". 233 3) The two sentences of Section 4.2(a)(C) are combined into a 234 single sentence separated by a comma. 236 4) In Section 7.1, all occurrences of "Internet Society" or "ISOC" 237 are replaced by "IETF Trust". 239 5) The section reference at the end of the first paragraph of 240 Section 7.3 is changed from 3.3(E) to 3.3(C). 242 6) In Section 8, ", the IETF Trust" is inserted after "ISOC". 244 7) In order to clarify that Contributors are bound by all 245 provisions of RFC 3978 upon submission of a Contribution to the 246 IETF, the following paragraph is moved from Section 3.3 to the end 247 of Section 3.1, with clarifying adjustments: 249 "By submission of a Contribution, each person actually 250 submitting the Contribution, and each named co-Contributor, is 251 deemed to agree to the terms and conditions set forth in this 252 document, on his or her own behalf and on behalf of the 253 organization the Contributor represents or is sponsored by (if 254 any), when submitting the Contribution." 256 8) Because it is necessary in this document to refer to individual 257 IETF participants, the following sentence is added at the end of 258 the definition of "IETF" in Section 1(a) of RFC 3978: 260 "An "IETF Participant" shall mean any such individual 261 participant." 263 7. References 265 7.1. Normative References 267 [RFC 3978] Bradner, S., Ed., "IETF Rights in Contributions", BCP 78, 268 RFC 3978, March 2005. 270 [BCP 101] Austein, R., and B. Wijnen, "Structure of the IETF 271 Administrative Support Activity (IASA)," BCP 101, RFC 4071, April 272 2005. 274 [IETF Trust Agreement?] 276 8. Editors's Addresses 278 Scott Bradner 279 Harvard University 280 29 Oxford St. 281 Cambridge MA, 02138 283 Phone: +1 617 495 3864 284 EMail: sob@harvard.edu 285 Jorge L. Contreras 286 WilmerHale 287 1875 Pennsylvania Avenue NW 288 Washington, DC 20006 USA 290 Phone: +1 202 663 6872 291 Email: jorge.contreras@wilmerhale.com 293 9. Full copyright statement 295 Copyright (C) The Internet Society (2006). This document is subject 296 to the rights, licenses and restrictions contained in BCP 78, and 297 except as set forth therein, the authors retain all their rights. 299 This document and the information contained herein are provided on an 300 "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS 301 OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY AND THE INTERNET 303 ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, 304 INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE 305 INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED 306 WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 308 Intellectual Property 310 The IETF takes no position regarding the validity or scope of any 311 Intellectual Property Rights or other rights that might be claimed to 312 pertain to the implementation or use of the technology described in 313 this document or the extent to which any license under such rights 314 might or might not be available; nor does it represent that it has 315 made any independent effort to identify any such rights. Information 316 on the procedures with respect to rights in RFC documents can be 317 found in BCP 78 and BCP 79. 319 Copies of IPR disclosures made to the IETF Secretariat and any 320 assurances of licenses to be made available, or the result of an 321 attempt made to obtain a general license or permission for the use of 322 such proprietary rights by implementers or users of this 323 specification can be obtained from the IETF on-line IPR repository at 324 http://www.ietf.org/ipr. The IETF invites any interested party to 325 bring to its attention any copyrights, patents or patent 326 applications, or other proprietary rights that may cover technology 327 that may be required to implement this standard. Please address the 328 information to the IETF at ietf-ipr@ietf.org. 330 Acknowledgement 332 Funding for the RFC Editor function is currently provided by the 333 Internet Society. 335 Changes 337 Note to RFC Editor - remove this section if this document is 338 published as an RFC 340 version 3 to version 4 341 major rewrite based on input from Jorge 343 version 4 to version 5 344 various places cleaned up removal of outbound rights 346 version 5 to version 6 347 added section 2.3 348 added a new section 4 and renumbered the old section 4 and the 349 sections following 351 version 6 to version 7 352 many changes - redo to focus only on enabling the IETF Trust