CLARIFICATION: language about copyright notices

Harald Alvestrand wrote:
> 
> 
> --On 20. november 2006 17:20 +0100 Frank Ellermann 
> <nobodyxyzzy.claranet.de> wrote:
> 
>> Scott W Brim wrote:
>>
>>> Clarification comes before discussion ...
>>
>>
>>>> 5) Language about copyright notices
>>>> Wordsmithed result: "Documents should
not contain text that seems to
>>>> restrict the IETF-granted rights to use the
documents". Such text may
>>>> be license text or copyright text beyond
the standard IETF text.
>>
>>
>> The "NDW is evil" side is clear, but
could an author use CC-BY-SA ?
>>
>> I vaguely recall that John was also interested in
CC-BY-ND, but maybe I
>> confuse that with something else he wrote here
months ago.
> 
> 
> It's clear (at least it was stated again in San Diego,
and nobody 
> disagreed) that an author can make a separate copy of
his (sole) 
> contribution and license that under another license
(such as GPL, 
> CC-BY-SA or CC-BY-ND) if he wants to, in addition to
the copy he 
> licenses to the IETF under IETF rules.

I want to argue that a bit more closely to make sure it
really is
clear.

If I write a piece of code and first insert it in an I-D and
then
post the I-D under standard IPR conditions, and next day
insert
the same piece of code in an open source package, those two
copies will be under two different IPR regimes. The first
copy
is under the IETF regime and the second copy is under the
open source regime. And there should be no problem for
either side.

So, it's vital that this fork occurs *before* the code is
placed
under an open source license, IMO.

     Brian
> 
> Comparing the specific terms of CC-BY-SA and CC-BY-ND
to the desired 
> properties of the licensing to or from the IETF to the
community is a 
> matter for lawyers - which we are leaving out of this
draft text.
> 
>                      Harald
> 
> 
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--On 21. november 2006 09:27 +0100 Brian E Carpenter
<brczurich.ibm.com> 
wrote:

> If I write a piece of code and first insert it in an
I-D and then
> post the I-D under standard IPR conditions, and next
day insert
> the same piece of code in an open source package, those
two
> copies will be under two different IPR regimes. The
first copy
> is under the IETF regime and the second copy is under
the
> open source regime. And there should be no problem for
either side.
>
> So, it's vital that this fork occurs *before* the code
is placed
> under an open source license, IMO.

Nit: I think I disagree on the timing - the open source
license is not a 
copyright assignment, so the author still has the right to
submit the code 
to the IETF.
But he can't take anyone else's incompatibly licensed code
and hand it to 
the IETF, so accepting patches that are copyright and
incompatibly licensed 
will create a tangled mess; handing off the "IETF
copy" first avoids this.

                    Harald



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