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Re: draft-ietf-ipr-rules-update-00.txt
Simon - even if there was any commentary in the submission as to the transfer of title, a simple submission of any document to anyone, does not convey any title in the document or its content. The concept that anyone owns the EMail sent to them because its email is ludicrous.
Further, to document the absurdity of the current process, if someone sends you a postcard in the US Mail which is what EMail is generally considered, is there a transfer of ownership against the art contained in the Postcard - the answer is NO... so why should there be one with the IETF's submission process as it sits today?
Clearly, an email submission of anything cannot be binding - let alone that the sender is not authenticated nor are the rights that they would be conferring to the IETF. This is the WHOLE problem with the submission and assignment of rights process that I have been objecting to for several years now and which this WG management used to have my input terminated from the WG.
And in closing I would restate that the US and its State's all have specific requirements for the submission of legally binding soft documents and these must be upheld by this organization as well since it is based on a US Corporation.
TG.
-------------- Original message ----------------------
From: Simon Josefsson <jas at extundo.com>
> Nathanael Nerode <neroden at twcny.rr.com> writes:
>
> > There are other problems with rfc3978.
> > Section 5.4:
> >> "Copyright (C) The Internet Society (year).
> >>
> >> This document is subject to the rights, licenses and restrictions
> >> contained in BCP 78, and except as set forth therein, the authors
> >> retain all their rights."
> >>
> >>Additional copyright notices are not permitted in IETF Documents
> >>except in the case
> > ....
> > This doesn't work for most cases under US copyright law. The documents'
> > copyrights are held by their authors unless they are (a) works-for-hire of
> > the Internet Society or (b) the authors have signed paper documents
> > transferring copyright. The authors have the right to have their copyright
> > notices present, and I don't think it's waiveable.
>
> For what its worth, when I wanted to put "Copyright (C) Simon
> Josefsson" into RFC 4027, it wasn't allowed. After some discussions,
> I was entitled to add the following:
>
> A. Disclaimer and License
>
> Regarding this entire document or any portion of it, the author makes
> no guarantees and is not responsible for any damage resulting from
> its use. The author grants irrevocable permission to anyone to use,
> modify, and distribute it in any way that does not diminish the
> rights of anyone else to use, modify, and distribute it, provided
> that redistributed derivative works do not contain misleading author
> or version information. Derivative works need not be licensed under
> similar terms.
>
> Since I haven't signed any copyright transfer papers, nor is this
> work-for-hire for the ISOC, I believe I still own the copyright for
> the text that I wrote in that document.
>
> Regards,
> Simon
>
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