Explanantion - Re: recourse if our rules are violated?

["todd glassey" <tglassey at earthlink.net>]

My apologies to the list - I should have closed the "oops this creates yet 
another hole in the IETF's process for which it can be sued commentary" with 
the following:

--------------

The point of this commentary is to help the IETF understand how serious this 
IPR concept and managing IP Rights in-synch with Global IP Standards, 
whether those are OpenSource, Artistic License, GPL or Restricted Licenses 
in nature. And as such the functional task is to create a Contracts Process 
which is not Mechanically Flawed as the current one is.

In doing so we need to create Boilerplate that protects the IETF and allows 
for proper controls on documents once printed and disclosed including all 
the IP's originally submitted and those that were created within the IETF's 
framework as well.

These are simple requirements and ones which have been curiously overlooked 
in the interest of creating an IETF which the technologists inside of 
believe makes them immune to local IPR and IP Laws, neither of which are 
true.

That said, this again is not about establishing a consensus, its about 
establishing a fair and open process which makes consensus irrelevant for an 
IPR issue.

Todd Glassey
----- Original Message ----- 
From: "todd glassey" <tglassey at earthlink.net>
To: "Harald Alvestrand" <harald at alvestrand.no>; "Frank Ellermann" 
<nobody at xyzzy.claranet.de>
Cc: <ipr-wg at ietf.org>
Sent: Thursday, April 12, 2007 9:04 AM
Subject: Re: recourse if our rules are violated?


> Harald  - let me ask then...
>
> ----- Original Message ----- 
> From: "Harald Alvestrand" <harald at alvestrand.no>
> To: "Frank Ellermann" <nobody at xyzzy.claranet.de>
> Cc: <ipr-wg at ietf.org>
> Sent: Wednesday, April 11, 2007 3:07 PM
> Subject: Re: recourse if our rules are violated?
>
>
> > Frank Ellermann wrote:
> > > todd glassey wrote:
> > >
> > > > What happens to a filing (after its publication) that is found to
> > > > have external IP constraints which were undisclosed???
> > >
> > > Nothing, only the status line on the front page can be changed.
> > Not even that. Only the status line in the indexes listing them can be
> > changed.
>
> So then they continue to use 'work product resources' from the WG's 
> although
> those issues remain open?
>
>
> I know you folks hate hearing stuff like this but this is a perfect set of
> grounds for a lawsuit - let me explain...
>
> The Sponsor's are investing the Engineering Services and the time those 
> take
> from their professional staff in the IETF, so they have a financial 
> standing
> in any and all actions taking place within the IETF even if they are not 
> the
> submitters or parties to the filing of a particular effort - PERIOD. NO
> ARGUMENTS ARE POSSIBLE TO THIS STATUS...
>
> So, if an Entity's efforts are made 'useless or contaminated' by 
> undisclosed
> IPR Claims, then they also have a claim against all of the following list:
>
>    1)    The WG Chair for not managing the effort properly and directing
> the WG to continue spending the WG's and the Sponsor's IP Development
> Efforts on Workproduct for which there are underlying IP Controls/claims
> which have not been disclosed intentionally.
>
>    2)    The AD for allowing the effort to proceed and their efforts to be
> wasted or worse, those efforts becoming  dependant on the IP that the IETF
> doesn't own and as such cannot pass through its "Any and All uses" 
> license.
>
>    3)    The WG Members submitting the effort
>
>    4)    Any and all other IETF members who may have had knowledge of the
> IPR.
>
> The fun part is that because the IETF refuses to change its copyright and
> license, it and those directly responsible for those refusals (i.e. the
> members of the IPR WG) can also be figured in as members of this 
> Defendant's
> Class as well as the IESG, and ISOC itself.
>
> This isn't rocket science its simple analysis.
>
> Todd
>
> > _______________________________________________
> > Ipr-wg mailing list
> > Ipr-wg at ietf.org
> > https://www1.ietf.org/mailman/listinfo/ipr-wg
>
>
> _______________________________________________
> Ipr-wg mailing list
> Ipr-wg at ietf.org
> https://www1.ietf.org/mailman/listinfo/ipr-wg 


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