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Re: recourse if our rules are violated?



Frank

----- Original Message ----- From: "Frank Ellermann" <nobody at xyzzy.claranet.de>
To: <ipr-wg at ietf.org>
Sent: Friday, April 13, 2007 1:10 PM
Subject: Re: recourse if our rules are violated?



todd glassey wrote:

Nothing, only the status line on the front page can be changed.

[[ Harald corrected that already: the status can be changed, but not the status line on the published RFC front page. ]]

And this is why the IETF becomes liable for each and everything
it publishes, because it has no Take Down Policy or method of
enforcing one

I don't see that, it's like a newspaper, once published you can't undo that. You could only promise to never publish it again.

Not true - the Newspaper doesnt make the past issues of its published articles available for any and all to use forever for free... the IETF does. The Newspaper does regularly have issues with publishing corrections and the IETF cannot with its process, once published and 'given away' the IETF loses the ability to change that since there is no statement saying "this license can be amended or revoked at any time as per the IETF's IPR Policy"...



it is responsible for the publishing of the content it publishes

The IETF might have to do something about violations brought to its attention.

Like what for instance? the point is that it cannot do anything about a document it republished under an "Any and All use" outgoing license when some IPR fiasco pops up. Thats one reason the IETF is liable.


 Wrt IPR it explicitly solicits feedback in those
long and boring boilerplates in any posted I-D.  And there's a
procedure to publish 1st + 3rd party IPR claims, Simon has just
tested it for SHA, you can check the effect on the IETF IPR page.

But those dont really do anything to the outgoing rights of the document in quesiton... its still available forever as it was, so there is no possible way that the IETF can fix any damage its publication does.



There's nothing more that could be done with RFCs once they are published, they are immediately copied and redistributed by thousands of mirrors and individual collectors.

OK so what - if there is a clause in the outgoing license that says that for certain specific IPR issues, the IETF may have to rescind the outgoing license and reserves the right to do so to protect the IETF from liability therein.


It's impossible
to undo that.  It's only possible to publish a better document,
stating that the old document turned out to be a bad idea, with
an "obsoletes RFC NNNN" or "updates RFC NNNN" hint on its front.

Uh Frank - that's not enough and its specifically why the IETF and all those involved retain that liability. Have your Corporate Counsel review this and advise you. I bet money what I am saying is 100% true although not terribly pleasant.



analogy here - Its the Sale of the Gun argument... I sell you
a gun I (stole, built or bought for resale) and you go out and
shoot someone with it... Who is responsible for the Guns Use?
Me or you?

In my country there's a chance that it's also you, not only me. Comparing RFCs with guns isn't much better than my comparison with donated cookies, it leads nowhere.

So lets look at the Mutual Recognition Agreements between your Country and mine which mean that any IPR issues have to satisfy those too.



who is liable for those damages (me for submitting the stolen
gun to you or you for replicating the gun and making it freely
available as a 'gift from you - again the IETF in this case???).

You have to promise that the RFC is not stolen.

No you dont. You have to email the RFC to the editor. There is no promise of anything made, and there is no real conveyance of the IP either but that's another issue.


And anybody who
thinks that it's stolen or otherwise harmful, no matter what you
say, is invited to state this.  Publishing an RFC takes about
three years, there's a realistic chance to find problems with it.

Yes, and this also document's the value and number of man hours in the process too.



At some point you've to "let go gracefully" and hope the best, otherwise you would wait forever for wild and wonderful problems. Check out <http://tools.ietf.org/html/rfc4677#section-8.2>

Your concept of the IETF is IMO clearly wrong, it's no company.

yes it is, it is either a for profit or non-profit incorporated entity and that makes it exactly that, a corporation and one with its own corporate veil.



Nobody can "invest time", and then sue if this doesn't work as expected.

Are you kidding. Sure they can...

They can "donate time", letting some of their staff
contribute individually.

Sorry - that is the lie of the process. The companies are subsidizing the IETF and not their employees.


They can sponsor travels to meetings.

For what purpose?

They can admire the effect of the <organization> element on any
I-D posted by their employees.  And more important others will
admire it.

So there is value in this effort and they gain because of it... so if their process doesnt work those who fail suffer based on not be 'admired by others' right?


They can stop to donate if they're not happy with
the effect.

Sorry Frank - we disagree.

If they want something else or more they probably
confused the IETF with Unicode.org, the W3C, ECMA, or what else.

I think the IETF is also liable for the profits against the use
of that same information and any derivatives thereof, and ISOC
is where that damage claim money is coming from.

You could try to sue them for intentionally causing harm. IMO your chances would be zero, you'd have to explain why you didn't state your concerns in time, why you didn't use your right to appeal decisions, why you didn't post a "better" Internet Draft, the works. It's obvious when folks prepare to go this way, and that's why there's a point "1F" in the questionnaire.

Simply put , if the individual assigns any and all rights to the
submission to the IETF then the IETF is publishing 'its own
property' and not the property of the person that submitted it.

"Any and all rights" would be a rather short "inbound rights" I-D, the version I've seen was somewhat longer.

the IETF also has a legal responsibility to exercise due care in
republishing that IP so it can respond to nefarious or policy
violations in the IETF process

"The IETF" is a community of volunteers without clear membership for most contributors. A proper subset of that are the folks who went to 3 of the last 5 meetings, thereby becoming eligible for the NomCom lottery. Another proper subset (in practice a subset of the second subset) are the folks appointed to be ADs etc. by the NomCom. Nobody in this community is "legally responsible" if I post a nefarious draft (i.e. nobody but me).

It's a mere courtesy of the secretary that they add a blank in
the subject of draft announcements where they feel that this is
considerably worse than the average.  And they're not forced to
check this, with the new automatical tool nobody will check the
content as long as it's formally an Internet Draft without nits.

Of course the IETF procedures allow a "Do Not Publish" (as RFC)
decision for say using a single bit to count "", "0", "1" => 3.

I think there's no serious problem to remove nefarious I-Ds from
the IETF repositories when that's necessary.  If somebody else
already copied it, too bad.  And in practice thousands will have
copied it, worldwide, among them Googlebot.

What we need are rules and processes that are both transparent
and open and fair.

BTW, did you note that an additional "note well" page behind the mailing list link on the main page was inserted, after you made a fuss about the "note well" acceptance ? One click more... :-(

Frank



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