Simon - one of the core problems with this WG is that it
seems to think it
can redesign and deploy global IP law and that is pure
merde. The IETF is
constrained by any number of legal frameworks based on those
of its
participants and whatever solutions it comes up with here in
IPR must meet
the requirements of all of them... Unless that is, that the
IETF is going to
create a contract specifiying "choice of law"
with its participants.
This is the problem of how this WG is operating. So what are
the answers -
Simple just answer the following:
1) As I remarked - a stake in the ground in regard
to what IP
rights are necessary to participate in the IETF's Standards
Process - So
lets answer the question - what rights does the IETF itself
need to advance
a standard through its processes. What rights are
mechanically used and what
are not???
2) In addition to that - the IETF seems to want
additional rights to
the IP beyond what are needed in the Standards process - and
those
specifically have value - which is something that the
Submitter should have
the option of granting one would think, so how do we judge
that value is and
what is it that the IETF is trading for this extra value???
3) The patent and publishing rights are tied
inextricably to each
other. There is no way to publish without altering or
effecting the IP
protection capabilities under US and Foreign Patent Laws -
and this is
totally intentionally ignored to date in ***all*** ietf
operations and
control documents. That must change - there are liabilities
of which the
IETF is aware of and intentionally ignoring, and this
head-in-the-sand
posture will not protect it or the participants and their
sponsors when one
of these matters does wind up in court.
There are more issues - but these are a good start.
Todd Glassey
----- Original Message -----
From: "Simon Josefsson" <jas extundo.com>
To: "Thomas Narten" <nartenus.ibm.com>
Cc: <lrosenrosenlaw.com>; <ipr-wgietf.org>
Sent: Thursday, June 08, 2006 8:41 AM
Subject: Re: #1175 Code vs text - second attempt at
resolution
> Thomas Narten <nartenus.ibm.com> writes:
>
> > "Lawrence Rosen" <lrosenrosenlaw.com> writes:
> >
> >> > Some contributors choose not to
contribute their technologies for
> >> > purposes other than standardization.
> >
> >> Again I ask, why is that necessary for those
contributors?
> >
> > This question misses the point. We've had this
discussion, and there
> > are folk that have this opinion. You (or I) may
not like the answer
> > that has been given, but that doesn't make it
"wrong" or "invalid" or
> > one that trying to reopen (with no new arguments
to bring to the
> > discusion) is likely to change.
>
> Do those with that opinion participate in this WG? I
wish they would
> give their justification
>
> > And for better or worse, it is "IETF"
consensus we are after here,
> > not the consensus of some other or larger group.
> >
> > What I've observed is that the main desire of
this group seems to be
> > to produce open standards (emphasis on
_standards_). Open source
> > clearly plays a role in this space, but is one of
many constiuencies,
> > and is by no means the only one.
>
> It seems that this argument runs both ways. Those who
do no wish to
> contribute their work under licenses that can be
re-used by free
> software developers play a role in open standards, but
is one of many
> constituencies, and is by no means the only one.
>
> I don't see why the voices from people arguing for
"closed" standards
> should have more weight than those who argue for
"open" standards.
>
> Perhaps one way forward would be to write a document
that explain what
> RFC authors can do to help free software developers use
their
> documents. For example, what additional license grant
they can put in
> their documents. Does anyone think such a document
would belong in
> this WG?
>
> Thanks,
> Simon
>
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