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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 U. 4 Editor 5 October 2002 7 IETF Rights in Submissions 9 11 Status of this Memo 13 This document is an Internet-Draft and is subject to all provisions 14 of Section 10 of RFC 2026. 16 Internet-Drafts are working documents of the Internet Engineering 17 Task Force (IETF), its areas, and its working groups. Note that 18 other groups may also distribute working documents as Internet- 19 Drafts. 21 Internet-Drafts are draft documents valid for a maximum of six months 22 and may be updated, replaced, or obsoleted by other documents at any 23 time. It is inappropriate to use Internet- Drafts as reference 24 material or to cite them other than as "work in progress." 26 The list of current Internet-Drafts can be accessed at 27 http://www.ietf.org/ietf/1id-abstracts.txt 29 The list of Internet-Draft Shadow Directories can be accessed at 30 http://www.ietf.org/shadow.html 32 Abstract 33 The IETF policies about rights in submissions to the IETF is designed 34 to ensure that IETF contributions can be made available to the IETF 35 and Internet communities while permitting the authors to retain as 36 many rights in the document as possible. This memo details the IETF 37 policies on rights in submissions to the IETF. It also describes the 38 objectives that the policies are designed to meet. 40 Copyright (C) The Internet Society. (2002) 42 1. Introduction 43 Under the laws of most countries and current international treaties 44 (for example the "Berne Convention for the Protection of Literary and 45 Artistic Work" [Berne]), authors obtain numerous rights in the works 46 they produce automatically upon producing them. These rights include 47 copyrights, moral rights and other rights. In many cases, if the 48 author produces a work within the scope of his or her employment, 49 these rights are usually assigned to the employer, either by 50 operation of law or, in many cases, under contract. 52 In order for works to be used within the IETF process, certain 53 limited rights in all contributions must be granted to the IETF and 54 ISOC. In addition, contributors must make representations to IETF 55 and ISOC regarding their ability to grant these rights. These 56 necessary rights and representations until now have been laid out in 57 Section 10 of [RFC 2026]. In the years since [RFC 2026] was published 58 there have been a number of times when the exact intent of Section 10 59 has been the subject of vigorous debate within the IETF community. 60 The aim of this document is to clarify various ambiguities in Section 61 10 of [RFC 2026] that led to these debates and to amplify the policy 62 in order to clarify what the IETF is currently doing. 64 Sections 2 and 3 of this document address the rights in submissions 65 to the IETF previously covered by Section 10 of [RFC 2026] and the 66 "Note Well" explanatory text presented at many IETF activities. 67 Sections 4, 5 and 6 then explain the rationale for these provisions, 68 including some of the clarifications that have become understood 69 since the adoption of [RFC 2026]. The rules and procedures set out 70 in this document are not intended to substantially modify or alter 71 IETF's or ISOC's current policy toward contributions and submissions 72 made to the IETF. 74 A companion document [IETF IPR] deals with rights in technologies 75 developed or specified as part of the IETF process. This document is 76 not intended to address those issues. 78 The rights addressed in this document fall into the following 79 categories: 81 o rights to make use of contributed material 82 o copyrights in IETF documents 83 o rights to produce derivative works 84 o rights to use trademarks 86 This document is not intended as legal advice. If you would like a 87 legal interpretation of your rights or the rights of the IETF in any 88 contributions you make, you are advised to consult your own legal 89 advisor. 91 2. Rights in IETF Submissions 93 2.1. General Policy 95 In all matters of copyright and document procedures, the intent is to 96 benefit the Internet community and the public at large, while 97 respecting the legitimate rights of others. 99 2.2 Confidentiality Obligations 101 No contribution that is subject to any requirement of confidentiality 102 or any restriction on its dissemination may be considered in any part 103 of the Internet Standards Process, and there must be no assumption of 104 any confidentiality obligation with respect to any such contribution. 106 2.3. Granting of Rights and Permissions 108 By submission of a contribution, each person actually submitting the 109 contribution is deemed to agree to the following terms and 110 conditions, and to grant the following rights, on their own behalf, 111 on behalf of the organization (if any) the contributor represents and 112 on behalf of the owners of any proprietary rights in the 113 contribution. 115 a. To the extent that the contribution or any portion thereof is 116 protected by copyright and other rights of authorship, the 117 contributor, the organization he or she represents (if any) and 118 the owners of any such proprietary rights in the contribution, 119 grant an unlimited perpetual, irrevocable, non-exclusive, royalty- 120 free, world-wide right and license to the ISOC and the IETF under 121 all intellectual property rights in the contribution: 123 (A) to copy, publish, display and distribute the contribution as 124 part of the IETF standards process, 126 (B) unless explicitly disallowed in the written terms of the 127 contribution [pursuant to one of the notices contained in 128 Section 3.3 below], to prepare derivative works that are based 129 on or incorporate all or part of the contribution within the 130 IETF standards process, the license to such derivative works to 131 be of the same scope as the license to the original 132 contribution, and 134 (C) to reproduce any trademarks, service marks or trade names 135 which are included in the contribution solely in connection 136 with the reproduction, distribution or publication of the 137 contribution and derivative works thereof as permitted by this 138 paragraph, and in all cases reproducing any trademark or 139 service mark identifiers used by the contributor of the 140 contribution. 142 b. The contributor grants the IETF and ISOC permission to reference 143 the name(s) and address(es) of the contributor(s) and of the 144 organization(s) s/he represents or is sponsored by (if any). 146 c. Every copy of a contribution made pursuant to the licenses 147 granted under paragraph (a)(A) above, and all derivative works 148 made pursuant to the licenses granted under paragraph (a)(B) 149 above, must include, in unaltered form, the notices included in 150 such contribution pursuant to Section 3 below. 152 2.4 Representations and Warranties. With respect to each contribution, 153 the contributor(s) each represent that to the best of their knowledge 154 and ability: 156 a. The contribution properly acknowledges all major contributors. 158 b. No information in the contribution is confidential and the IETF, 159 ISOC, and its affiliated organizations may freely disclose any 160 information in the contribution. 162 c. There are no limits to the contributor's ability to make the 163 grants acknowledgments and agreements herein that are reasonably 164 and personally known to the contributor. 166 d. The contributor has not intentionally included in the 167 contribution any material which is defamatory or untrue or which 168 is illegal under the laws of the jurisdiction in which the 169 contributor has his or her principal place of business or 170 residence. 172 e. All trademarks, trade names, service marks and other proprietary 173 names used in the contribution and personally and reasonably known 174 to the contributor are clearly designated as such. 176 2.5 The contributor acknowledges that the ISOC and IETF have no duty to 177 publish or otherwise use or disseminate any contribution. IETF 178 reserves the right to withdraw or cease using any contribution that 179 does not comply with the requirements of Sections 2.3 and 2.4 above. 181 3. Copyright notice required in IETF Documents to support these rights 182 grants 184 The IETF requires that a copyright notice and disclaimer be 185 reproduced verbatim in all IETF Documents. This requirement protects 186 IETF and its participants from liabilities connected with these 187 documents. The copyright notice also alerts readers that the 188 document is an IETF document, and that ISOC claims copyright rights 189 in certain aspects of the document, such as its layout, the RFC 190 numbering convention and the prefatory language of the document. 191 This legend is not intended to imply that ISOC has obtained ownership 192 of the contribution itself, which is retained by the author(s) or 193 remains in the public domain, as applicable. 195 Additional copyright notices are not permitted in IETF documents 196 except in the case where the document is the product of a joint 197 development effort between the IETF and another standards development 198 organization. Such exceptions must be approved on an individual 199 basis by the IAB. 201 3.1 Copyright notice and disclaimer 203 The following copyright notice and disclaimer shall be included at 204 the end of all IETF documents. 206 "Copyright (C) The Internet Society (year). Except as set forth 207 below, authors retain all their rights. 209 This document and translations of it may be copied and furnished to 210 others, and derivative works that comment on or otherwise explain it 211 or assist in its implementation may be prepared, copied, published 212 and distributed, in whole or in part, without restriction of any 213 kind, provided that the above copyright notice and this paragraph are 214 included on all such copies and derivative works. However, this 215 document itself may not be modified in any way, such as by removing 216 the copyright notice or references to the Internet Society or other 217 Internet organizations, except as needed for the purpose of 218 developing Internet standards in which case the procedures for rights 219 in submissions defined in the IETF Standards Process must be 220 followed, or as required to translate it into languages other than 221 English. 223 The limited permissions granted above are perpetual and will not be 224 revoked by the Internet Society or its successors or assigns. 226 This document and the information contained herein is provided on an 227 "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/S HE 228 REPRESENTS (IF ANY), THE INTERNET SOCIETY AND THE INTERNET 229 ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, 230 INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE 231 INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED 232 WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE." 234 3.2 Notices re. Derivative Works and publication rights. 236 In addition to the foregoing, each IETF Internet Draft must contain 237 one of the following three notices regarding derivative works and 238 publication rights on it's first page: 240 a. This document is an Internet-Draft and is subject to all 241 provisions of section 2 of RFC XXXX. 243 b. This document is an Internet-Draft and is subject to all 244 provisions of Section 2 of RFC XXXX except that the right to 245 produce derivative works is not granted. 247 c. This document is an Internet-Draft and is subject to all 248 provisions of Section 2 RFC XXXX, but the author does not provide 249 the IETF with any rights other than to publish as an Internet- 250 Draft 252 [ note to the RFC Editor - XXXX above to be replaced with the number 253 of this document ] 255 4. Definitions 257 4.1 contribution: in the context of this memo, a contribution to the 258 IETF is any submission for publication as an Internet Draft or RFC 259 and any statements made within the context of an IETF process. Such 260 statements include verbal statements in IETF meetings, as well as 261 written and electronic communications made at any time or place, 262 which are addressed to 263 o the IETF plenary session, 264 o any IETF working group or portion thereof, 265 o the IESG, or any member thereof on behalf of the IESG, 266 o the IAB or any member thereof on behalf of the IAB, 267 o any IETF mailing list, including the IETF list itself, any working 268 group or design team list, or any other list functioning under 269 IETF auspices, 270 o the RFC Editor or the Internet-Drafts function 272 Statements made outside of an IETF meeting, mailing list or other 273 function, that are clearly not intended to be input to an IETF 274 activity, group or function, are not contributions in the context of 275 this memo. 277 4.2 IETF Standards Process: the activities undertaken by the IETF in any 278 of the settings described in 4.1 above. 280 4.3 contributors: individuals making contributions 282 4.4 IETF documents: RFCs and Internet Drafts. 284 4.5 RFC: the basic publication series for the IETF. RFCs are published 285 by the RFC Editor and once published are never modified. (See [RFC 286 2026] sec 2.1) 288 4.6 Internet Draft: temporary documents used in the IETF process. 289 Internet Drafts are published by the IETF Secretariat and have a 290 nominal maximum lifetime in the Secretariat's public directory of 6 291 months after which they are removed. Since Internet Drafts are 292 archived many places on the Internet there is no effective limit on 293 their lifetime. Internet Drafts that are under active consideration 294 by the IESG are not removed from the Secretariat's public directory 295 until that consideration is complete, in addition, the author of an 296 Internet Draft can request that the lifetime in the Secretariat's 297 public directory be extended when its expiration time is reached. 298 (See [RFC 2026] sections 2.2 and 8) 300 4.7 IETF: In the context of this document, the IETF includes all 301 individuals who participate in meetings, working groups, functions 302 and other activities which are organized or initiated by ISOC, the 303 IESG or the IAB under the general designation of the Internet 304 Engineering Task Force or IETF, but solely to the extent of such 305 participation. 307 4.8 reasonably and personally known: A contributor's reasonable and 308 personal knowledge. This means that we do not expect the contributor 309 to search his or her employer's legal files for relevant information, 310 but similarly that we do not expect a contributor to remain 311 deliberately ignorant of information, a patent application for 312 example, that would reasonably be expected to be within his or her 313 knowledge. 315 5. Exposition of why these procedures are the way they are 317 5.1 Rights Granted in Contributions 319 The IETF/ISOC must obtain the right to publish a contribution as an 320 RFC or an Internet Draft from the contributors. 322 A primary objective of this policy is to obtain from the document 323 authors only the non-exclusive rights that are needed to develop and 324 publish IETF documents and to use the contributions in the IETF 325 standards process while leaving all other rights with the authors. 327 The non-exclusive rights that the IETF needs are: 329 a. the irrevocable right to publish the document 330 b. the right to let the document be freely reproduced in the formats 331 that the IETF publishes it in 332 c. the right to let 3rd parties translate it into languages other 333 than English 334 d. except where explicitly excluded (see sec 3.2), the right to make 335 derivative works within the IETF process. 337 The authors retain all other rights, but cannot withdraw the above 338 rights from the IETF/ISOC. 340 5.2 Rights to use Contributed Material 342 Because, under the laws of most countries and applicable 343 international treaties, copyright rights come into existence whenever 344 a work of authorship is created (but see Section 6 below regarding 345 public domain documents), and IETF cannot make use of contributions 346 if it does not have sufficient rights with respect to these copyright 347 rights, it is important that the IETF receive assurances from all 348 contributors that they have the authority to grant the IETF the 349 rights that they claim to grant. Without this assurance, IETF and 350 its participants would run a greater risk of liability to the owners 351 of these rights. 353 To this end, IETF asks contributors to give the assurances in Section 354 2.4 above. These assurances are requested, however, only to the 355 extent of the contributor's reasonable and personal knowledge. (See 356 sec 4.8) 358 5.3 Right to produce derivative works 360 The IETF needs to be able to evolve its documents in response to 361 experience gained in the deployment of the technologies described in 362 the documents, to incorporate developments in research and to react 363 to changing conditions on the Internet and other IP networks. In 364 order to do this the IETF must be able to produce derivatives of its 365 documents thus the IETF must obtain the right from contributors to 366 produce derivative works. Note though that the IETF only requires 367 this right for the production of derivative works within the IETF 368 process. The IETF does not need, nor does it obtain, the right to 369 let derivative works be created outside of the IETF process. 371 The right to produce derivative works is required for all IETF 372 standards track documents and for most non-standards track documents. 373 There are two exceptions to this requirement: documents describing 374 proprietary technologies and documents that are republications of the 375 work of other standards organizations. 377 The right to produce derivative works must be granted (i.e., an 378 Internet Draft must be published with boilerplate "a" from sec 3.2) 379 before an IETF working group can accept a document as a working group 380 document or otherwise work on it. Note: a working group can discuss 381 any Internet Draft with the aim to decide if it should become a 382 working group document, whether or not the right to produce 383 derivative works has been yet granted. For independent submissions, 384 the right to produce derivative works must be granted for all 385 standards track documents before the IESG will issue an IETF Last- 386 Call and, for most non-standards track documents, before the IESG 387 will consider the Internet Draft for publication. 389 The IETF has historically encouraged organizations to publish details 390 of their technologies, even where the technologies are proprietary 391 ones, because understanding how existing technology is being used 392 helps when developing new technology. But organizations which 393 publish information about proprietary technologies are frequently not 394 willing to have the IETF produce revisions of the technologies and 395 then claim that the IETF version is the "new version" of the 396 organization's technology. Organizations which feel this way can 397 specify that the document can be published following the other 398 provisions of this section but withhold the right to produce 399 derivative works. 401 In addition, IETF documents frequently make normative references to 402 standards or recommendations developed by other standards 403 organizations. Since the publications of some standards 404 organizations are not public documents it can be quite helpful to the 405 IETF to republish some of these documents as IETF documents so that 406 the IETF community can have open access to them to better understand 407 what they are referring to. In these cases the IETF documents can be 408 published without the right for the IETF to produce derivative works. 410 In both of the above cases in which the production of derivative 411 works is excluded, the contributor must include a special legend in 412 the contribution, as specified in section 3.2, in order to notify 413 IETF participants about this restriction. 415 5.4 Rights to use trademarks 417 Contributors may wish to seek trademark or service mark protection on 418 any terms that are coined or used in their contributions. IETF makes 419 no judgment about the validity of any such trademark rights. 420 However, we require each contributor, under the licenses described in 421 Section 2.3.a above, to grant IETF a perpetual license to use any 422 such trademarks or service marks solely in exercising its rights to 423 reproduce, publish and modify the contribution. This license does 424 not authorize any IETF participant to use any trademark or service 425 mark in connection with any product or service offering, but only in 426 the context of IETF documents and discussions. 428 Contributors who claim trademark rights to terms in their 429 contributions are requested to specifically state what conditions 430 apply to implementers of the technology relative to the use of any 431 claimed trademarks. Such statements should be submitted in the same 432 way as is done for other intellectual property claims. (see [IETF 433 IPR] sec 6) 435 5.5 Who does this apply to? 437 Rights and licenses granted to the IETF are granted to all 438 individuals noted in section 4.6, irrespective of their employment or 439 institutional affiliation. However, these licenses do not extend 440 broadly to the employers, sponsors or institutions of such 441 individuals, nor do they authorize the individuals to exercise any 442 rights outside the specific context of the IETF standards process. 444 6. Contributions Not Subject to Copyright 446 Certain documents, including those produced by the U.S. government 447 and those which are in the public domain, may not be protected by the 448 same copyright and other legal rights as other documents. 449 Nevertheless, we ask each contributor to grant to the IETF the same 450 rights as he or she would grant, and to make the same 451 representations, as though the contribution were a proprietary 452 document. We ask for these grants and representations only to the 453 extent that the contribution may be protected, and believe they are 454 necessary to protect the IETF, the standards process and all IETF 455 participants, and also because the IETF does not have the resources 456 or wherewithal to make any independent investigation as to the actual 457 proprietary status of any document submitted to it. 459 7. Inclusion of copyright notice 461 Section three above defines a copyright notice to be included on IETF 462 documents and in derivative works. The full copyright notice does 463 not need to be included in some specific types of derivative works: 465 a/ MIBs and similar material commonly extracted from IETF documents, 466 the following copyright notice should be included in the body of 467 the material that will be extracted "Copyright (c) The 468 Internet Society. This version of this MIB module is part RFC 469 xxxx, see the RFC itself for the full legal notices." 471 b/ short excerpts of IETF documents presented in electronic help 472 systems, for example, the descriptions for MIB variables, do not 473 need to include a copyright notice. 475 8 Security Considerations 477 Documents describing IETF processes, such as this one, do not have an 478 impact on the security of the network infrastructure or of Internet 479 applications. 481 9. References 483 9.1 Normative references 485 [RFC 2026] Bradner, S.[ed], "The Internet Standards Process -- 486 Revision 3", RFC 2026, October 1996 488 [IETF IPR] work in progress: draft-iprwg-technology-00.txt 490 9.2 Informative references 492 [Berne] "Berne Convention for the Protection of Literary and Artistic 493 Work", http://www.wipo.int/treaties/ip/berne/index.html 495 10. Editor's Address 497 Scott Bradner 498 Harvard University 499 29 Oxford St. 500 Cambridge MA, 02138 502 sob@harvard.edu 503 +1 617 495 3864 505 11. Full copyright statement 507 Copyright (C) The Internet Society (2002). Except as set forth 508 below, authors retain all their rights. 510 This document and translations of it may be copied and furnished to 511 others, and derivative works that comment on or otherwise explain it 512 or assist in its implementation may be prepared, copied, published 513 and distributed, in whole or in part, without restriction of any 514 kind, provided that the above copyright notice and this paragraph are 515 included on all such copies and derivative works. However, this 516 document itself may not be modified in any way, such as by removing 517 the copyright notice or references to the Internet Society or other 518 Internet organizations, except as needed for the purpose of 519 developing Internet standards in which case the procedures for rights 520 in submissions defined in the Internet Standards process must be 521 followed, or as required to translate it into languages other than 522 English. 524 The limited permissions granted above are perpetual and will not be 525 revoked by the Internet Society or its successors or assigns. 527 This document and the information contained herein is provided on an 528 "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/S HE 529 REPRESENTS (IF ANY), THE INTERNET SOCIETY AND THE INTERNET 530 ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, 531 INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE 532 INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED 533 WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.