Question for the group and Jorge - Let me frame the
question properly
Since the submission process formally assigns rights to
ISOC et Al, I claim
(1) it is a contract and (2) and this is especially true
since both parties
acknowledge that they both expect the IETF to publish the
submission being
licensed to the IETF no matter what the language of the
submission agreement
says, otherwise there would be no reason to submit anything
for publication
IETF.
Contracts are more than just the agreement
-------------------------------------------
My understanding is that in contract law - the contract is
actually the sum
of the agreement, the intent's and understanding's of the
parties at the
time of the execution of the agreement, and their initial
and ongoing
actions in implementing the contract. Its the ongoing ones
that really set
the mark here I think.
The IETF Submission Agreement is just a starting point
---------------------------------------------------
If true, that means that the description of the contract
itself may be
substantially different that what was finally implemented,
and that this is
likely based on the evolution of the contract processes, the
surrounding
constraints, or the business relationship. My point is that
the printed
agreement isnt all of it, and that is true here in the IETF
too.
Q: So what if the value of the submission > $500 USD?
-----------------------------------------------------
Q: So here is the question - Jorge my understanding is that
if the value of
the
contract is more than $500 and its not covered by the Credit
Card Laws or by
Banking Reg Z, then it ALSO needs a wet signature in most
states to be
binding. Is this correct?
If so, it seems to me that the Email Submission Model is
possibly out.
Assume now for the sake of argument that the person writing
the I-D makes
$50/Hr - so if they spend > 10 Hrs on the Draft, the
document itself has a
paper-cost value of at least the loading overhead of their
time. That
doesn't value the genesis of what was created just the
loading costs and
these can easily come well above $500 which brings the
contract's value also
over that threshold as well.
So Jorge, we need a legal opinion here, is this a correct?
and if not what
part's are inaccurate
Todd
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