Brian - the Mission of the IETF is to create Internet
Standards - that is
the ONLY reason the IETF exists. And if publishing alone
wont get you there,
then the derivative rights will have to be addressed too.
Todd Glassey
----- Original Message -----
From: "Brian E Carpenter" <brc zurich.ibm.com>
To: "Simon Josefsson" <jasextundo.com>
Cc: <ipr-wgietf.org>
Sent: Friday, February 17, 2006 7:35 AM
Subject: Re: #1198 Implementation = derivative work? (Re:
ISSUES How IP is
input and Intent...)
> Simon Josefsson wrote:
> > Harald Tveit Alvestrand <haraldalvestrand.no> writes:
> ...
> >>>2) Whether the IETF's standards process
requires an derivative release
for
> >>>those implementing the mandatory
interoperable instances of the
protocol
> >>>description to qualify for the standards
milestones.
> >>
> >>Filed as #1198.
> >>
> >>I believe the discussion has shown a clear
consensus that the answer
> >>is "no". If anyone (except Todd)
wishes to call for a poll on the
> >>issue, we can do that, but I haven't seen
anyone else (lawyer or
> >>non-lawyer) argue that there is a real issue
here.
> >
> >
> > I'd like to make sure I understand this question
better. I think I
> > understand your interpretation of it (the subject
explain it
> > succinctly), but I'm not so sure I understand
what Todd was saying.
> >
> > I believe an implementation would only be a
derivative work (in the
> > copyright sense) when it contains copyrighted
material from the RFC.
>
> That is a different matter and one we do have to
resolve.
>
> What is quite clear, as a matter of common sense, is
that the
> reason we publish specifications is so that people can
> implement them (it's called "running code"
I believe).
> It's also a matter of fact, because I checked recently
for
> another reason, that there doesn't seem to be any BCP
that
> actually says this. Well, BCP 95 does say:
>
> The mission of the IETF is to produce high quality,
relevant
> technical and engineering documents that influence
the way people
> design, use, and manage the Internet in such a way
as to make the
> Internet work better. These documents include
protocol standards,
> best current practices, and informational documents
of various kinds.
>
> That makes it prety clear but it doesn't actually say:
>
> The IETF publishes specifications with the
intention that people
> should implement them.
>
> I wouldn't mind seeing that in 3978bis.
>
> Brian
>
>
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