[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Original Filing Intent - was Re: recourse if our rules are violated?



Good point Tom -

----- Original Message ----- From: "Tom Petch" <nwnetworks at dial.pipex.com>
Cc: <ipr-wg at ietf.org>
Sent: Friday, April 13, 2007 7:37 AM
Subject: Re: recourse if our rules are violated?



I am puzzled. For some years now, our RFC have been carrying the boiler plate
" The IETF invites any interested party to bring to its attention any
copyrights, patents or patent applications, or other proprietary
rights that may cover technology that may be required to implement
this standard. Please address the information to the IETF at
ietf-ipr at ietf.org."
so this situation was contemplated at least three years ago (I first saw it in
RFC3710:-).

Right - this is a solicitation for any commentary from anyone as to whether there are any suspected or known IPR issues with an Initiative. This is a really important issue since Company's who are sponsoring IETF participation are paying their employees to donate Engineering Time to the IETF and as such the IETF has a responsibility to them to make sure that those resources are ONLY used by properly controlled projects, otherwise the IETF becomes liable to the Sponsor for damages suffered therein one would think.

So what did whoever introduced that text intend to happen?

I cant answer that but I can answer what should happen in the IETF:

1) If the IETF is willing to take notice of IPR issues from anyone, then the parties those Issue Discovery efforts are pointed towards have a reasonable responsibility to disclose to the IETF and all other participants whether those issues are real or not since that will effect whether many sponsors would want to allow their Engineer's time donations to continue under the terms that those properties will become the owned property of the submittor and no one else.

2) The submitters should have some period to respond formally to the IETF and the other members of the WG where the IPR challenge was submitted and in that timeframe no advancement of the original initiative can take place since doing so would make the IETF liable to the Sponsors for their Engineer's work product therein.

Todd


(I appreciate that this thread is drifting away from the original question by
Steve which related to violation - suspend the violator sine die?)


Tom Petch

----- Original Message -----
From: "Brian E Carpenter" <brc at zurich.ibm.com>
To: "Frank Ellermann" <nobody at xyzzy.claranet.de>
Cc: <ipr-wg at ietf.org>
Sent: Thursday, April 12, 2007 5:04 PM
Subject: Re: recourse if our rules are violated?


On 2007-04-12 15:54, Frank Ellermann wrote:
...

>>> I believe this is well within the IESG's power under
>>> RFC 2026.
>
> Which part do you have in mind ?  I see the "move to
> historic" in 6.2 and 6.4.  For the IPR rule violation
> discussed here "historic" could be a misnomer.  The
> patented technology is not necessarily "moribund", it's
> only not good enough for standards track.

Section 4.2:
    A specification may have been superseded by a more recent
    Internet Standard, or have otherwise fallen into disuse or disfavor.
----------------------------------------^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
    Specifications that are not on the standards track are labeled with
    one of three "off-track" maturity levels:  "Experimental",
    "Informational", or "Historic".  The documents bearing these labels
    are not Internet Standards in any sense.

It's clear to me that this covers the case of an unknown and
undesirable IPR encumbrance.

Section 6.1:
    A "standards action" -- entering a particular specification into,
    advancing it within, or removing it from, the standards track -- must
    be approved by the IESG.

So removing a document from the standards track is explicitly a power
of the IESG, and subject to the usual appeals process if needed.

     Brian


> >> What is special here is the particular reason for >> invoking that process. If you want to add a sentence, >> I would just note that one possible reason for a major >> revision or replacement of a standards track document >> would be discovery of new IPR claims against it. > > If you think that "move to historic" is enough, yes. > > Frank > > > > _______________________________________________ > 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


_______________________________________________
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