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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 June 2003 7 IETF Rights in Contributions 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 Contributions to the IETF are 34 designed to ensure that such Contributions can be made available to 35 the IETF and Internet communities while permitting the authors to 36 retain as many rights as possible. This memo details the IETF 37 policies on rights in Contributions to the IETF. It also describes 38 the objectives that the policies are designed to meet. This memo 39 updates RFC 2026, and, with RFC XXXY, replaces Section 10 of RFC 40 2026. [note to RFC editor: replace XXXY with number of IETF IPR] 42 Copyright (C) The Internet Society. (2003) 44 Table of Contents 46 Status of this Memo.................................................1 47 Abstract............................................................1 48 1. Definitions ....................................................1 49 2. Introduction....................................................1 50 3. Rights in IETF Contributions....................................1 51 3.1 General Policy...............................................1 52 3.2 Confidentiality Obligations..................................1 53 3.3 Granting of Rights and Permissions...........................1 54 3.4 Representations and Warranties...............................1 55 3.5 No Duty to Publish...........................................1 56 3.6 Trademarks...................................................1 57 4. Rights in RFC Editor Contributions...............................1 58 4.1 Requirements from Section 3.................................1 59 4.2 Granting of Rights and Permissions..........................1 60 5. Notices Required in IETF Documents..............................1 61 5.1 IPR Disclosure Acknowledgement................................1 62 5.2 Derivative Works Limitation...................................1 63 5.3 Publication Limitation........................................1 64 5.4 Copyright Notice .............................................1 65 5.5 Disclaimer ...................................................1 66 5.6 Exceptions....................................................1 67 6. Notices and Rights Required in RFC Editor Contributions.........1 68 7. Exposition of why these procedures are the way they are.........1 69 7.1 Rights Granted in Contributions...............................1 70 7.2 Rights to use Contributed Material............................1 71 7.3 Right to Produce Derivative Works.............................1 72 7.4 Rights to use Trademarks......................................1 73 7.5 Who Does This Apply To?.......................................1 74 8. Contributions Not Subject to Copyright..........................1 75 9. Security Considerations.........................................1 76 10. References......................................................1 77 10.1 Normative References.........................................1 78 10.1 Informative References.......................................1 79 11. Acknowledgements................................................1 80 12. Editor's Address................................................1 81 13. Full copyright statement........................................1 83 1. Definitions 85 The following definitions are for terms used in the context of this 86 document. Other terms, including "IESG," "ISOC," "IAB" and "RFC 87 Editor," are defined in [RFC 2028]. 89 a. "IETF": In the context of this document, the IETF includes all 90 individuals who participate in meetings, working groups, mailing 91 lists, functions and other activities which are organized or 92 initiated by ISOC, the IESG or the IAB under the general 93 designation of the Internet Engineering Task Force or IETF, but 94 solely to the extent of such participation. 96 b. "IETF Standards Process": the activities undertaken by the IETF in 97 any of the settings described in 1(c) below. 99 c. "IETF Contribution": any submission to the IETF intended by the 100 Contributor for publication as an Internet-Draft or RFC (except 101 for RFC Editor Contributions described below) and any statement 102 made within the context of an IETF Standards Process. Such 103 statements include oral statements in IETF sessions, as well as 104 written and electronic communications made at any time or place, 105 which are addressed to: 106 o the IETF plenary session, 107 o any IETF working group or portion thereof, 108 o the IESG, or any member thereof on behalf of the IESG, 109 o the IAB or any member thereof on behalf of the IAB, 110 o any IETF mailing list, including the IETF list itself, any 111 working group or design team list, or any other list 112 functioning under IETF auspices, 113 o the RFC Editor or the Internet-Drafts function (except for RFC 114 Editor Contributions described below). 116 Statements made outside of an IETF session, mailing list or other 117 function, that are clearly not intended to be input to an IETF 118 activity, group or function, are not Contributions in the context 119 of this document. 121 d. "Internet-Draft": temporary documents used in the IETF and RFC 122 Editor processes. Internet-Drafts are posted on the IETF web site 123 by the IETF Secretariat and have a nominal maximum lifetime in the 124 Secretariat's public directory of 6 months, after which they are 125 removed. Note that Internet-Drafts are archived many places on 126 the Internet, not all of these places remove expired Internet- 127 Drafts. Internet-Drafts that are under active consideration by 128 the IESG are not removed from the Secretariat's public directory 129 until that consideration is complete. In addition, the author of 130 an Internet-Draft can request that the lifetime in the 131 Secretariat's public directory be extended before the expiration. 133 e. "RFC": the basic publication series for the IETF. RFCs are 134 published by the RFC Editor and once published are never modified. 135 (See [RFC 2026] Section 2.1) 137 f. "RFC Editor Contribution": An Internet-Draft intended by the 138 Contributor to be submitted to the RFC Editor for publication as 139 an Informational or Experimental RFC but not intended to be part 140 of the IETF Standards Process. 142 g. "IETF Internet-Drafts": Internet-Drafts other than RFC Editor 143 Contributions. Note that under Section 3.3(a) the grant of rights 144 in regards to IETF Internet-Drafts as specified in this document 145 is perpetual and irrevocable and thus survives the Secretariat's 146 removal of an Internet-Draft from the public directory, except as 147 limited by Section 3.3(a)(C). (See [RFC 2026] Sections 2.2 and 8) 149 h. "RFC Editor Internet-Drafts": Internet-Drafts that are RFC Editor 150 Contributions. 152 i. "IETF Documents": RFCs and Internet-Drafts except for Internet- 153 Drafts that are RFC Editor Contributions and the RFCs that are 154 published from them. 156 j. "RFC Editor Documents": RFCs and Internet-Drafts that are RFC 157 Editor Contributions and the RFCs that may be published from them. 159 k. "Contribution": IETF Contributions and RFC Editor Contributions 161 l. "Contributor": an individual submitting a Contribution 163 m. "Reasonably and personally known": means something an individual 164 knows personally or, because of the job the individual holds, 165 would reasonably be expected to know. 167 2. Introduction 169 Under the laws of most countries and current international treaties 170 (for example the "Berne Convention for the Protection of Literary and 171 Artistic Work" [Berne]), authors obtain numerous rights in the works 172 they produce automatically upon producing them. These rights include 173 copyrights, moral rights and other rights. In many cases, if the 174 author produces a work within the scope of his or her employment, 175 most of those rights are usually assigned to the employer, either by 176 operation of law or, in many cases, under contract. (The Berne 177 Convention names some rights as "inalienable", which means that the 178 author retains them in all cases.) 180 This document details the rights that the IETF requires in IETF 181 Contributions and rights the IETF, as publisher of Internet-Drafts, 182 requires in all such Drafts including RFC Editor Contributions. The 183 RFC Editor may also define additional rights required for RFC Editor 184 Contributions. 186 In order for works to be used within the IETF Standards Process or to 187 be published as Internet-Drafts, certain limited rights in all 188 Contributions must be granted to the IETF and Internet Society 189 (ISOC). In addition, Contributors must make representations to IETF 190 and ISOC regarding their ability to grant these rights. These 191 necessary rights and representations have until now been laid out in 192 Section 10 of [RFC 2026]. In the years since [RFC 2026] was published 193 there have been a number of times when the exact intent of Section 10 194 has been the subject of vigorous debate within the IETF community. 195 The aim of this document is to clarify various ambiguities in Section 196 10 of [RFC 2026] that led to these debates and to amplify the policy 197 in order to clarify what the IETF is currently doing. 199 Section 1 gives definitions used in describing these policies. 200 Sections 3, 4 and 5 of this document address the rights in 201 Contributions previously covered by Section 10 of [RFC 2026] and the 202 "Note Well" explanatory text presented at many IETF activities. 203 Sections 6 and 7 then explain the rationale for these provisions, 204 including some of the clarifications that have become understood 205 since the adoption of [RFC 2026]. The rules and procedures set out 206 in this document are not intended to substantially modify or alter 207 the IETF's current policy toward Contributions. 209 A companion document [IETF IPR] will deal with rights in technologies 210 developed or specified as part of the IETF process. This document is 211 not intended to address those issues. 213 The rights addressed in this document fall into the following 214 categories: 216 o rights to make use of contributed material 217 o copyrights in IETF documents 218 o rights to produce derivative works 219 o rights to use trademarks 221 This document is not intended as legal advice. Readers are advised 222 to consult their own legal advisors if they would like a legal 223 interpretation of their rights or the rights of the IETF in any 224 Contributions they make. 226 3. Rights in IETF Contributions 228 The following are the rights the IETF requires in all IETF 229 Contributions:. 231 3.1 General Policy 233 In all matters of copyright and document procedures, the intent is to 234 benefit the Internet community and the public at large, while 235 respecting the legitimate rights of others. 237 3.2 Confidentiality Obligations 239 No information or document that is subject to any requirement of 240 confidentiality or any restriction on its dissemination may be 241 submitted as an Contribution or otherwise considered in any part of 242 the Standards Process, and there must be no assumption of any 243 confidentiality obligation with respect to any Contribution. Each 244 Contributor agrees that any statement in an Contribution, whether 245 generated automatically or otherwise, that states or implies that the 246 Contribution is confidential or subject to any privilege, can be 247 disregarded for all purposes, and will be of no force or effect. 249 3.3 Granting of Rights and Permissions 251 By submission of an Contribution, each person actually submitting the 252 Contribution, and each named co-Contributor, is deemed to agree to 253 the following terms and conditions, and to grant the following 254 rights, on his or her own behalf and on behalf of the organization 255 the Contributor represents or is sponsored by (if any) when 256 submitting the Contribution. 258 a. To the extent that an Contribution or any portion thereof is 259 protected by copyright and other rights of authorship, the 260 Contributor, and each named co-contributor, and the organization 261 he or she represents or is sponsored by (if any) grant a 262 perpetual, irrevocable, non-exclusive, royalty-free, world-wide 263 right and license to the ISOC and the IETF under all intellectual 264 property rights in the Contribution. 266 (A) to copy, publish, display and distribute the Contribution as 267 part of the IETF Standards Process or as an Internet-Draft, 269 (B) to prepare or allow the preparation of translations of the 270 Contribution into languages other than English, 272 (C) unless explicitly disallowed in the notices contained in an 273 Contribution [as per Section 5.2 below], to prepare derivative 274 works (other than translations) that are based on or 275 incorporate all or part of the Contribution, or comment upon 276 it, within the IETF Standards Process, the license to such 277 derivative works to be of a scope no wider than the license to 278 the original Contribution, and 280 (D) to reproduce any trademarks, service marks or trade names 281 which are included in the Contribution solely in connection 282 with the reproduction, distribution or publication of the 283 Contribution and derivative works thereof as permitted by this 284 paragraph. When reproducing Contributions, the IETF will 285 preserve trademark and service mark identifiers in the format 286 used by the Contributor of the Contribution, including (TM) and 287 (R) where appropriate. 289 (E) To extract, copy, publish, distribute, modify and incorporate 290 into other works, for any purpose (and not limited to use 291 within the IETF Standards Process) any executable code or code 292 fragments that are included in any IETF Document (such as MIB 293 and PIB modules), subject to the requirements of Section 5 (it 294 also being understood that the licenses granted under this 295 paragraph (E) shall not be deemed to grant any right under any 296 patent, patent application or other similar intellectual 297 property right disclosed by the Contributor under [IPR DOC]). 299 b. The Contributor grants the IETF and ISOC permission to reference 300 the name(s) and address(es) of the Contributor(s) and of the 301 organization(s) s/he represents or is sponsored by (if any). 303 3.4 Representations and Warranties. 305 With respect to each Contribution, each Contributor represents that 306 to the best of his or her knowledge and ability: 308 a. The Contribution properly acknowledges all major Contributors. A 309 major Contributor is any person who has materially or 310 substantially contributed to the Contribution. 312 b. No information in the Contribution is confidential and the IETF, 313 ISOC, and its affiliated organizations may freely disclose any 314 information in the Contribution. 316 c. There are no limits to the Contributor's ability to make the 317 grants, acknowledgments and agreements herein that are reasonably 318 and personally known to the Contributor. 320 d. The Contributor has not intentionally included in the 321 Contribution any material which is defamatory or untrue or which 322 is illegal under the laws of the jurisdiction in which the 323 Contributor has his or her principal place of business or 324 residence. 326 e. All trademarks, trade names, service marks and other proprietary 327 names used in the Contribution and personally and reasonably known 328 to the Contributor are clearly designated as such where 329 reasonable. 331 3.5 No Duty to Publish 333 The Contributor, and each named co-contributor, acknowledges that the 334 IETF has no duty to publish or otherwise use or disseminate any 335 Contribution. The IETF reserves the right to withdraw or cease using 336 any Contribution that does not comply with the requirements of 337 Section 3.4 and Section 3.3 or 4.2. 339 3.6 Trademarks 341 Contributors, and each named co-Contributor, who claim trademark 342 rights in terms used in their IETF Contributions are requested to 343 state specifically what conditions apply to implementers of the 344 technology relative to the use of such trademarks. Such statements 345 should be submitted in the same way as is done for other intellectual 346 property claims. (See [IETF IPR] Section 6.) 348 4. Rights in RFC Editor Contributions 350 The following are the rights the IETF, as the publisher of Internet- 351 Drafts, requires in all RDC Editor Contributions: 353 4.1 Requirements from Section 3 355 All RFC Editor Contributions must meet the requirements of Sections 356 3.1, 3.2, 3.4, 3.5 and 3.6. 358 4.2 Granting of Rights and Permissions 360 By submission of an Contribution, each person actually submitting the 361 Contribution, and each named co-Contributor, is deemed to agree to 362 the following terms and conditions, and to grant the following 363 rights, on his or her own behalf and on behalf of the organization 364 the Contributor represents or is sponsored by (if any) when 365 submitting the Contribution. 367 a. To the extent that an Contribution or any portion thereof is 368 protected by copyright and other rights of authorship, the 369 Contributor, and each named co-contributor, and the organization 370 he or she represents or is sponsored by (if any) grant a non- 371 exclusive, royalty-free, world-wide right and license to the ISOC 372 and the IETF under all intellectual property rights in the 373 Contribution for at least the life of the Internet-Draft: 375 (A) to copy, publish, display and distribute the Contribution as 376 an Internet-Draft, 378 (B) unless explicitly disallowed in the notices contained in an 379 Contribution (as per Section 5.4 below), to prepare derivative 380 works (other than translations) that are based on or 381 incorporate all or part of the Contribution, or comment upon it 382 the license to such derivative works to be of a scope no wider 383 than the license to the original Contribution, and 385 (C) to reproduce any trademarks, service marks or trade names 386 which are included in the Contribution solely in connection 387 with the reproduction, distribution or publication of the 388 Contribution and derivative works thereof as permitted by this 389 paragraph. When reproducing Contributions, the IETF will 390 preserve trademark and service mark identifiers in the format 391 used by the Contributor of the Contribution, including (TM) and 392 (R) where appropriate. 394 b. The Contributor grants the IETF and ISOC permission to reference 395 the name(s) and address(es) of the Contributor(s) and of the 396 organization(s) s/he represents or is sponsored by (if any). 398 5. Notices Required in IETF Documents 400 The IETF requires that certain notices and disclaimers described in 401 this Section 5 be reproduced verbatim in all IETF Documents 402 (including copies, derivative works and translations of IETF 403 Documents, but subject to the limited exceptions noted in Section 404 5.2). This requirement protects IETF and its participants from 405 liabilities connected with these documents. The copyright notice 406 also alerts readers that the document is an IETF Document, and that 407 ISOC claims copyright rights in certain aspects of the document, such 408 as its layout, the RFC numbering convention and the prefatory 409 language of the document. This legend is not intended to imply that 410 ISOC has obtained ownership of the IETF Contribution itself, which is 411 retained by the author(s) or remains in the public domain, as 412 applicable. 414 Each IETF Document must include the required notices described in 415 this Section 5. The required notices are the following: 417 a. The IPR Disclosure Acknowledgement described in Section 5.1 (for 418 Internet-Drafts only), and 419 b. The Derivative Works Limitation described in Section 5.2 (for 420 specific types of Internet-Drafts only). 421 c. The Publication Limitation described in Section 5.3 (for specific 422 types of Internet-Drafts only). 423 d. The Copyright Notice described in Section 5.4 (for all IETF 424 Documents), 425 e. The Disclaimer described in Section 5.5 (for all IETF Documents), 427 5.1 IPR Disclosure Acknowledgement (required in all Internet-Drafts 428 only) 430 "By submitting this Internet-Draft, I certify that any applicable 431 patent or other IPR claims of which I am aware have been 432 disclosed, and any of which I become aware will be disclosed, in 433 accordance with RFC XXXY." 435 5.2 Derivative Works Limitation 437 If the Contributor desires to eliminate the IETF's right to make 438 modifications and derivative works of an Contribution (other than 439 translations), one of the two the following notices may be included 440 in the Status of memo section of an Internet-Draft and included in a 441 published RFC: 443 a. "This document may not be modified, and derivative works of it may 444 not be created, except to publish it as a RFC and to translate it 445 into languages other than English." 447 b. "This document may not be modified, and derivative works of it may 448 not be created." 450 In the cases of MIB or PIB modules and in other cases where the 451 Contribution includes material that is meant to be extracted in order 452 to be used, the following should be appended to statement 5.2 (a) or 453 5.2 (b): 455 "other than to extract section XX as-is for separate use." 457 Notice 5.2(a) is used if the Contributor intends for the Contribution 458 to be published as a RFC. Notice 5.2(b) is used along with the 459 Publication Limitation in Section 5.3 when the Contributor does not 460 intend for the Contribution to be published as a RFC. 462 These notices may not be used with any standards-track document or 463 with most working group documents, except as discussed in Section 7.3 464 below, since the IETF must retain change control over its documents 465 and the ability to augment, clarify and enhance the original IETF 466 Contribution in accordance with the IETF Standards Process. 468 Notice 5.2(a) may be appropriate when republishing standards produced 469 by other (non-IETF) standards organizations, industry consortia or 470 companies. These are typically published as Informational RFCs, and 471 do not require that change control be ceded to the IETF. Basically, 472 documents of this type convey information for the Internet community. 474 A fuller discussion of the rationale behind these requirements is 475 contained in Section 7.3 below. 477 5.3 Publication Limitation 479 If the Contributor only wants the IETF Contribution to be made 480 available as an Internet-Draft (i.e. does not want the IETF 481 Contribution to be published as an RFC) then the Contributor may 482 include the following notice in the Status of Memo section of the 483 Internet-Draft. 485 "This document may only be posted as an Internet-Draft." 487 This notice can be used on IETF Contributions that are intended to 488 provide background information to educate and to facilitate 489 discussions within IETF working groups but are not intended to be 490 published as an RFCs. 492 5.4 Copyright Notice (required for all IETF Documents) 494 (Normally placed at the end of the IETF Document.) 496 "Copyright (C) The Internet Society (year). This document is 497 subject to the rights, licenses and restrictions contained in RFC 498 XXXX and except as set forth therein, the authors retain all their 499 rights." 501 [note to the RFC Editor - XXXX above to be replaced with the number 502 of this document] 504 Additional copyright notices are not permitted in IETF Documents 505 except in the case where the document is the product of a joint 506 development effort between the IETF and another standards development 507 organization. Such exceptions must be approved on an individual 508 basis by the IAB. 510 5.5 Disclaimer (required in all IETF Documents) 512 (Normally placed at the end of the IETF Document after the copyright 513 notice.) 515 "This document and the information contained herein are provided 516 on an "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/S HE 517 REPRESENTS OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY AND 518 THE INTERNET ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, 519 EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT 520 THE USE OF THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR 521 ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A 522 PARTICULAR PURPOSE." 524 5.6 Exceptions. 526 Notwithstanding the provisions of this Section 5, in certain limited 527 cases an abbreviated notice may be placed on certain types of 528 derivative works of IETF Documents in accordance with this Section 529 5.6. 531 a. in MIB modules, PIB modules and similar material commonly 532 extracted from IETF Documents, except for material that is being 533 placed under IANA maintenance, the following abbreviated notice 534 shall be included in the body of the material that will be 535 extracted in lieu of the notices otherwise required by Section 5: 537 "Copyright (C) The Internet Society. This version of 538 this MIB module is part of RFC XXXX; see the RFC itself for 539 full legal notices." 541 When the MIB or PIB module is the initial version of a module that 542 is to be maintained by the IANA, the following abbreviated notice 543 shall be included: 545 "Copyright (C) The Internet Society. The initial 546 version of this MIB module was published in RFC XXXX; for full 547 legal notices see the RFC itself or see: 548 http://www.ietf.org/copyrights/ianamib.html." 550 Substitute "PIB" for "MIB" in the statement for PIB modules. In 551 the case of MIB and PIB modules this statement should be placed in 552 the DESCRIPTION clause of the MODULE-IDENTITY macro. 554 [ note to RFC Editor - leave the "XXXX" in the above ] 556 b. short excerpts of IETF Documents presented in electronic help 557 systems, for example, the DESCRIPTION clauses for MIB variables, 558 do not need to include a copyright notice. 560 6. Notices and Rights Required in RFC Editor Contributions 562 Since the IETF acts as publisher of Internet Drafts, even Internet 563 Drafts not intended to become part of the Standards Process, the 564 following are required in all such drafts to protect the IETF and its 565 processes. The RFC Editor may require additional notices. 567 a. An IPR Disclosure Acknowledgement, identical to that specified in 568 Section 5.1. 570 b. One of the following two copyright release statements: 572 A. "By submitting this Internet-Draft, I accept the provisions of 573 Section 3 of RFC XXXX." 575 B. "By submitting this Internet-Draft, I accept the provisions of 576 Section 4 of RFC XXXX." 578 [note to RFC Editor - replace XXXX above with the number of this RFC] 580 7. Exposition of Why These Procedures Are the Way They Are 582 7.1 Rights Granted in IETF Contributions 584 The IETF/ISOC must obtain the right to publish an IETF Contribution 585 as an RFC or an Internet-Draft from the Contributors. 587 A primary objective of this policy is to obtain from the document 588 authors only the non-exclusive rights that are needed to develop and 589 publish IETF Documents and to use the IETF Contributions in the IETF 590 Standards Process while leaving all other rights with the authors. 592 The non-exclusive rights that the IETF needs are: 594 a. the right to publish the document 595 b. the right to let the document be freely reproduced in the formats 596 that the IETF publishes it in 597 c. the right to let third parties translate it into languages other 598 than English 599 d. except where explicitly excluded (see Section 5.2), the right to 600 make derivative works within the IETF process. 602 The authors retain all other rights, but cannot withdraw the above 603 rights from the IETF/ISOC. 605 7.2 Rights to use Contributed Material 607 Because, under the laws of most countries and applicable 608 international treaties, copyright rights come into existence whenever 609 a work of authorship is created (but see Section 8 below regarding 610 public domain documents), and IETF cannot make use of IETF 611 Contributions if it does not have sufficient rights with respect to 612 these copyright rights, it is important that the IETF receive 613 assurances from all Contributors that they have the authority to 614 grant the IETF the rights that they claim to grant. Without this 615 assurance, IETF and its participants would run a greater risk of 616 liability to the owners of these rights. 618 To this end, IETF asks Contributors to give the assurances in Section 619 3.4 above. These assurances are requested, however, only to the 620 extent of the Contributor's reasonable and personal knowledge. (See 621 Section 1(m)) 623 7.3 Right to Produce Derivative Works 625 The IETF needs to be able to evolve IETF Documents in response to 626 experience gained in the deployment of the technologies described in 627 such IETF Documents, to incorporate developments in research and to 628 react to changing conditions on the Internet and other IP networks. 629 In order to do this the IETF must be able to produce derivatives of 630 its documents; thus the IETF must obtain the right from Contributors 631 to produce derivative works. Note though that the IETF only requires 632 this right for the production of derivative works within the IETF 633 Standards Process. The IETF does not need, nor does it obtain, the 634 right to let derivative works be created outside of the IETF 635 Standards Process other than as noted in Section 3.3 (E). 637 The right to produce derivative works is required for all IETF 638 standards track documents and for most IETF non-standards track 639 documents. There are two exceptions to this requirement: documents 640 describing proprietary technologies and documents that are 641 republications of the work of other standards organizations. 643 The right to produce derivative works must be granted in order for an 644 IETF working group to accept an IETF Contribution as a working group 645 document or otherwise work on it. For non-working group IETF 646 Contributions where the Contributor requests publication as a 647 standards track RFC the right to produce derivative works must be 648 granted before the IESG will issue an IETF Last-Call and, for most 649 non-standards track non-working group IETF Contributions, before the 650 IESG will consider the Internet-Draft for publication. 652 Occasionally a Contributor may not want to grant publication rights 653 or the right to produce derivative works before finding out if an 654 IETF Contribution has been accepted for development in the IETF 655 Standards Process. In these cases the Contributor may include the 656 Derivative Works Limitation described in Section 5.2 and the 657 Publication Limitation described in Section 5.3 in their IETF 658 Contribution. A working group can discuss the Internet-Draft with the 659 aim to decide if it should become a working group document, even 660 though the right to produce derivative works or to publish the IETF 661 Contribution as a RFC has not yet been granted. If the IETF 662 Contribution is accepted for development the Contributor must then 663 resubmit the IETF Contribution without the limitation notices before 664 a working group can formally adopt the IETF Contribution as a working 665 group document. 667 The IETF has historically encouraged organizations to publish details 668 of their technologies, even when the technologies are proprietary, 669 because understanding how existing technology is being used helps 670 when developing new technology. But organizations that publish 671 information about proprietary technologies are frequently not willing 672 to have the IETF produce revisions of the technologies and then claim 673 that the IETF version is the "new version" of the organization's 674 technology. Organizations that feel this way can specify that an IETF 675 Contribution can be published with the other rights granted under 676 this document but may withhold the right to produce derivative works 677 other than translations. The right to produce translations is 678 required before any IETF Contribution can be published as a RFC to 679 ensure the widest possible distribution of the material in RFCs. 681 In addition, IETF Documents frequently make normative references to 682 standards or recommendations developed by other standards 683 organizations. Since the publications of some standards 684 organizations are not public documents, it can be quite helpful to 685 the IETF to republish, with the permission of the other standards 686 organization, some of these documents as RFCs so that the IETF 687 community can have open access to them to better understand what they 688 are referring to. In these cases the RFCs can be published without 689 the right for the IETF to produce derivative works. 691 In both of the above cases in which the production of derivative 692 works is excluded, the Contributor must include a special legend in 693 the IETF Contribution, as specified in Section 5.2, in order to 694 notify IETF participants about this restriction. 696 7.4 Rights to Use Trademarks 698 Contributors may wish to seek trademark or service mark protection on 699 any terms that are coined or used in their IETF Contributions. IETF 700 makes no judgment about the validity of any such trademark rights. 701 However, the IETF requires each Contributor, under the licenses 702 described in Section 4.2.a above, to grant IETF a perpetual license 703 to use any such trademarks or service marks solely in exercising its 704 rights to reproduce, publish and modify the IETF Contribution. This 705 license does not authorize any IETF participant to use any trademark 706 or service mark in connection with any product or service offering, 707 but only in the context of IETF Documents and discussions. 709 7.5 Who Does This Apply To? 711 Rights and licenses granted to the IETF are granted to all 712 individuals noted in Section 1(a), irrespective of their employment 713 or institutional affiliation. However, these licenses do not extend 714 broadly to the employers, sponsors or institutions of such 715 individuals, nor do they authorize the individuals to exercise any 716 rights outside the specific context of the IETF Standards Process. 718 8. IETF Contributions Not Subject to Copyright 720 Certain documents, including those produced by the U.S. government 721 and those which are in the public domain, may not be protected by the 722 same copyright and other legal rights as other documents. 723 Nevertheless, we ask each Contributor to grant to the IETF the same 724 rights as he or she would grant, and to make the same 725 representations, as though the IETF Contribution were a proprietary 726 document. We ask for these grants and representations only to the 727 extent that the IETF Contribution may be protected. We believe they 728 are necessary to protect the ISOC, the IETF, the IETF Standards 729 Process and all IETF participants, and also because the IETF does not 730 have the resources or wherewithal to make any independent 731 investigation as to the actual proprietary status of any document 732 submitted to it. 734 9. Security Considerations 736 This memo relates to IETF process, not any particular technology. 737 There are security considerations when adopting any technology. But 738 there are no known issues of security with IETF Contribution rights 739 policies. 741 10. References 743 10.1 Normative references 745 [RFC 2026] Bradner, S.[ed], "The Internet Standards Process -- 746 Revision 3", RFC 2026, October 1996 748 [RFC 2418] Bradner, S. (ed), "Working Group Guidelines and 749 Procedures", RFC 2518, September 1998 751 [IETF IPR] Bradner, S.[ed] "Intellectual Property Rights in IETF 752 Technology", work in progress: draft-iprwg-technology-00.txt 754 10.2 Informative references 756 [Berne] "Berne Convention for the Protection of Literary and Artistic 757 Work", http://www.wipo.int/treaties/ip/berne/index.html 759 11. Acknowledgements 761 The editor would like to acknowledge the help of the IETF ipr Working 762 Group and, in particular the help of Jorge Contreras of Hale and Dorr 763 for his careful legal reviews of this and other IETF IPR-related and 764 process documents. The editor would also like to acknowledge the 765 extensive help John Klensin provided during the development of the 766 document. 768 12. Editor's Address 770 Scott Bradner 771 Harvard University 772 29 Oxford St. 773 Cambridge MA, 02138 775 sob@harvard.edu 776 +1 617 495 3864 778 13. Full copyright statement 780 Copyright (C) The Internet Society (2003). Except as set forth 781 below, authors retain all their rights. 783 This document and translations of it may be copied and furnished to 784 others, and derivative works that comment on or otherwise explain it 785 or assist in its implementation may be prepared, copied, published 786 and distributed, in whole or in part, without restriction of any 787 kind, provided that the above copyright notice and this paragraph are 788 included on all such copies and derivative works. However, this 789 document itself may not be modified in any way, such as by removing 790 the copyright notice or references to the Internet Society or other 791 Internet organizations, except as needed for the purpose of 792 developing Internet standards in which case the procedures for rights 793 in submissions defined in the IETF Standards process must be 794 followed, or as required to translate it into languages other than 795 English. 797 The limited permissions granted above are perpetual and will not be 798 revoked by the Internet Society or its successors or assigns. 800 This document and the information contained herein is provided on an 801 "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/S HE 802 REPRESENTS (IF ANY), THE INTERNET SOCIETY AND THE INTERNET 803 ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, 804 INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE 805 INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED 806 WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 808 14. change log 810 note to RFC Editor - remove this section before publication 812 ver 00 to ver 01 813 misc grammar changes throughout text 814 sec 2.2 - add note about automatic disclaimers 815 sec 2.3a - add "or is sponsored by" remove "unlimited" 816 sec 2.3 B - reword to 'of a scope no wider than the license" 817 sec 2.4a - add deff of major contributor 818 sec 2.6 - 2nd paragraph from sec 5.4 moved here 819 sec 3 - truncate heading 820 sec 3.1 5th pp - add OR IS SPONSORED BY 821 sec 3.1.2 - new section with copyright notice for use where 822 derivative works right are withheld 823 sec 3.2 - added usage guidelines for boilerplates 824 sec 4.1 - add "intended by the contributor" 825 sec 4.6 - add "actual" before lifetime 826 sec 4.8 - reword 827 sec 5.3 - insert "standards" in front of "process" last pp - 828 add "with permission" phrase after "republish" 829 sec 5.4 - change "we require" to "the IETF requires" 830 sec 7/a - add PIBs 831 sec 8 - redo security considerations 832 sec 9.1 - remove IPR ID as normative reference 833 sec 9.2 - add IPR ID as informative reference 834 sec 12 - add changes section 836 ver 01 to 02 837 abstract - add note about updating 2026 838 sec 3.2 - add patent pledge 840 ver 02 to 03 841 misc copy edits throughout document 842 sec 4 - "personally and reasonably known" - remove detail 844 ver 03 to 04 845 sec 4 - added note to the definition of Internet-Draft 847 ver 04 to 05 848 added ToC 849 moved definitions to front 850 change "Submissions" to "Contributions" 851 change MIBs & PIBs to "MIB modules" and "PIB modules" 852 fixes to make sure MIB & PIB modules etc could be extracted 853 misc grammar edits through out document 854 sec 1 - rearranged definitions split IETF and RFC Editor 855 Documents & Contributions changed "Contribution" in rest of 856 document to be consistent with new definitions - added 857 section XX and YY as part of this split 858 sec 3.3 - (a) (B) break out translations from other derivative 859 works add (a) (E) remove (b) as redundant 860 sec 5 - reorganized 862 ver 05 to 06 863 sec 5.6(a) - fix text