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RFC3978-IETF Rights in Contributions

王朝other·作者佚名  2008-05-31
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Network Working Group S. Bradner, Ed.

Request for Comments: 3978 Harvard University

BCP: 78 March 2005

Obsoletes: 3667

Updates: 2026

Category: Best Current Practice

IETF Rights in Contributions

Status of this Memo

This document specifies an Internet Best Current Practices for the

Internet Community, and requests discussion and suggestions for

improvements. Distribution of this memo is unlimited.

Copyright Notice

Copyright (C) The Internet Society (2005).

Abstract

The IETF policies about rights in Contributions to the IETF are

designed to ensure that sUCh Contributions can be made available to

the IETF and Internet communities while permitting the authors to

retain as many rights as possible. This memo details the IETF

policies on rights in Contributions to the IETF. It also describes

the objectives that the policies are designed to meet. This memo

updates RFC 2026, and, with RFC 3979, replaces Section 10 of RFC

2026.

Table of Contents

1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . 2

2. Introduction. . . . . . . . . . . . . . . . . . . . . . . . . 4

3. Rights in IETF Contributions. . . . . . . . . . . . . . . . . 5

3.1. General Policy. . . . . . . . . . . . . . . . . . . . . 5

3.2. Confidentiality Obligations . . . . . . . . . . . . . . 5

3.3. Granting of Rights and Permissions. . . . . . . . . . . 6

3.4. Representations and Warranties. . . . . . . . . . . . . 7

3.5. No Duty to Publish. . . . . . . . . . . . . . . . . . . 7

3.6. Trademarks. . . . . . . . . . . . . . . . . . . . . . . 7

4. Rights in RFC Editor Contributions. . . . . . . . . . . . . . 8

4.1. Requirements from Section 3 . . . . . . . . . . . . . . 8

4.2. Granting of Rights and Permissions. . . . . . . . . . . 8

5. Notices Required in IETF Documents. . . . . . . . . . . . . . 9

5.1. IPR Disclosure Acknowledgement. . . . . . . . . . . . . 10

5.2. Derivative Works Limitation . . . . . . . . . . . . . . 10

5.3. Publication Limitation. . . . . . . . . . . . . . . . . 11

5.4. Copyright Notice. . . . . . . . . . . . . . . . . . . . 11

5.5. Disclaimer. . . . . . . . . . . . . . . . . . . . . . . 11

5.6. Exceptions. . . . . . . . . . . . . . . . . . . . . . . 12

6. Notices and Rights Required in RFC Editor Contributions . . . 13

7. EXPosition of why these procedures are the way they are . . . 13

7.1. Rights Granted in IETF Contributions. . . . . . . . . . 13

7.2. Rights to use Contributed Material. . . . . . . . . . . 14

7.3. Right to Produce Derivative Works . . . . . . . . . . . 14

7.4. Rights to use Trademarks. . . . . . . . . . . . . . . . 16

7.5. Who Does This Apply To? . . . . . . . . . . . . . . . . 16

8. Contributions Not Subject to Copyright. . . . . . . . . . . . 16

9. Security Considerations . . . . . . . . . . . . . . . . . . . 16

10. References. . . . . . . . . . . . . . . . . . . . . . . . . . 17

10.1. Normative References. . . . . . . . . . . . . . . . . . 17

10.2. Informative References. . . . . . . . . . . . . . . . . 17

11. Acknowledgements. . . . . . . . . . . . . . . . . . . . . . . 17

Editor's Address. . . . . . . . . . . . . . . . . . . . . . . 17

Full Copyright Statement. . . . . . . . . . . . . . . . . . . 18

1. Definitions

The following definitions are for terms used in the context of this

document. Other terms, including "IESG," "ISOC," "IAB," and "RFC

Editor," are defined in [RFC2028].

a. "IETF": In the context of this document, the IETF includes all

individuals who participate in meetings, working groups, mailing

lists, functions and other activities which are organized or

initiated by ISOC, the IESG or the IAB under the general

designation of the Internet Engineering Task Force or IETF, but

solely to the extent of such participation.

b. "IETF Standards Process": the activities undertaken by the IETF in

any of the settings described in 1(c) below.

c. "IETF Contribution": any submission to the IETF intended by the

Contributor for publication as all or part of an Internet-Draft or

RFC (except for RFC Editor Contributions described below) and any

statement made within the context of an IETF activity. Such

statements include oral statements in IETF sessions, as well as

written and electronic communications made at any time or place,

which are addressed to:

o the IETF plenary session,

o any IETF working group or portion thereof,

o the IESG, or any member thereof on behalf of the IESG,

o the IAB or any member thereof on behalf of the IAB,

o any IETF mailing list, including the IETF list itself, any

working group or design team list, or any other list

functioning under IETF auspices,

o the RFC Editor or the Internet-Drafts function (except for RFC

Editor Contributions described below).

Statements made outside of an IETF session, mailing list or other

function, that are clearly not intended to be input to an IETF

activity, group or function, are not IETF Contributions in the

context of this document.

d. "Internet-Draft": temporary documents used in the IETF and RFC

Editor processes. Internet-Drafts are posted on the IETF web site

by the IETF Secretariat and have a nominal maximum lifetime in the

Secretariat's public Directory of 6 months, after which they are

removed. Note that Internet-Drafts are archived many places on

the Internet, and not all of these places remove expired

Internet-Drafts. Internet-Drafts that are under active

consideration by the IESG are not removed from the Secretariat's

public directory until that consideration is complete. In

addition, the author of an Internet-Draft can request that the

lifetime in the Secretariat's public directory be extended before

the expiration.

e. "RFC": the basic publication series for the IETF. RFCs are

published by the RFC Editor and once published are never modified.

(See [RFC2026] Section 2.1)

f. "RFC Editor Contribution": An Internet-Draft intended by the

Contributor to be submitted to the RFC Editor for publication as

an Informational or Experimental RFC but not intended to be part

of the IETF Standards Process.

g. "IETF Internet-Drafts": Internet-Drafts other than RFC Editor

Contributions. Note that under Section 3.3(a) the grant of rights

in regards to IETF Internet-Drafts as specified in this document

is perpetual and irrevocable and thus survives the Secretariat's

removal of an Internet-Draft from the public directory, except as

limited by Section 3.3(a)(C). (See [RFC2026] Sections 2.2 and 8)

h. "IETF Documents": RFCs and Internet-Drafts except for Internet-

Drafts that are RFC Editor Contributions and the RFCs that are

published from them.

i. "RFC Editor Documents": RFCs and Internet-Drafts that are RFC

Editor Contributions and the RFCs that may be published from them.

j. "Contribution": IETF Contributions and RFC Editor Contributions.

k. "Contributor": an individual submitting a Contribution.

l. "Reasonably and personally known": means something an individual

knows personally or, because of the job the individual holds,

would reasonably be expected to know. This Wording is used to

indicate that an organization cannot purposely keep an individual

in the dark about patents or patent applications just to avoid the

disclosure requirement. But this requirement should not be

interpreted as requiring the IETF Contributor or participant (or

his or her represented organization, if any) to perform a patent

search to find applicable IPR.

2. Introduction

Under the laws of most countries and current international treaties

(for example the "Berne Convention for the Protection of Literary and

Artistic Work" [Berne]), authors oBTain numerous rights in the works

they produce automatically upon producing them. These rights include

copyrights, moral rights and other rights. In many cases, if the

author produces a work within the scope of his or her employment,

most of those rights are usually assigned to the employer, either by

operation of law or, in many cases, under contract. (The Berne

Convention names some rights as "inalienable", which means that the

author retains them in all cases.)

This document details the rights that the IETF requires in IETF

Contributions and rights the IETF, as publisher of Internet-Drafts,

requires in all such Drafts including RFC Editor Contributions. The

RFC Editor may also define additional rights required for RFC Editor

Contributions.

In order for works to be used within the IETF Standards Process or to

be published as Internet-Drafts, certain limited rights in all

Contributions must be granted to the IETF and Internet Society

(ISOC). In addition, Contributors must make representations to IETF

and ISOC regarding their ability to grant these rights. These

necessary rights and representations have until now been laid out in

Section 10 of [RFC2026]. In the years since [RFC2026] was published

there have been a number of times when the exact intent of Section 10

has been the subject of vigorous debate within the IETF community.

The aim of this document is to clarify various ambiguities in Section

10 of [RFC2026] that led to these debates and to amplify the policy

in order to clarify what the IETF is currently doing.

Section 1 gives definitions used in describing these policies.

Sections 3, 4, 5, and 6 of this document address the rights in

Contributions previously covered by Section 10 of [RFC2026] and the

"Note Well" explanatory text presented at many IETF activities.

Sections 7 and 8 then explain the rationale for these provisions,

including some of the clarifications that have become understood

since the adoption of [RFC2026]. The rules and procedures set out in

this document are not intended to substantially modify or alter the

IETF's current policy toward Contributions.

A companion document [RFC3979] deals with rights in technologies

developed or specified as part of the IETF Standards Process. This

document is not intended to address those issues.

The rights addressed in this document fall into the following

categories:

o rights to make use of contributed material

o copyrights in IETF documents

o rights to produce derivative works

o rights to use trademarks

This document is not intended as legal advice. Readers are advised

to consult their own legal advisors if they would like a legal

interpretation of their rights or the rights of the IETF in any

Contributions they make.

3. Rights in IETF Contributions

The following are the rights the IETF requires in all IETF

Contributions:

3.1. General Policy

In all matters of copyright and document procedures, the intent is to

benefit the Internet community and the public at large, while

respecting the legitimate rights of others.

3.2. Confidentiality Obligations

No information or document that is subject to any requirement of

confidentiality or any restriction on its dissemination may be

submitted as a Contribution or otherwise considered in any part of

the IETF Standards Process, and there must be no assumption of any

confidentiality obligation with respect to any Contribution. Each

Contributor agrees that any statement in a Contribution, whether

generated automatically or otherwise, that states or implies that the

Contribution is confidential or subject to any privilege, can be

disregarded for all purposes, and will be of no force or effect.

3.3. Granting of Rights and Permissions

By submission of a Contribution, each person actually submitting the

Contribution, and each named co-Contributor, is deemed to agree to

the following terms and conditions, and to grant the following

rights, on his or her own behalf and on behalf of the organization

the Contributor represents or is sponsored by (if any) when

submitting the Contribution.

a. To the extent that a Contribution or any portion thereof is

protected by copyright and other rights of authorship, the

Contributor, and each named co-Contributor, and the organization

he or she represents or is sponsored by (if any) grant a

perpetual, irrevocable, non-exclusive, royalty-free, world-wide

right and license to the ISOC and the IETF under all intellectual

property rights in the Contribution:

(A) to copy, publish, display, and distribute the Contribution as

part of the IETF Standards Process or in an Internet-Draft,

(B) to prepare or allow the preparation of translations of the

Contribution into languages other than English,

(C) unless explicitly disallowed in the notices contained in a

Contribution [as per Section 5.2 below], to prepare derivative

works (other than translations) that are based on or

incorporate all or part of the Contribution, or comment upon

it, within the IETF Standards Process. The license to such

derivative works not granting the ISOC and the IETF any more

rights than the license to the original Contribution,

(D) to reproduce any trademarks, service marks or trade names

which are included in the Contribution solely in connection

with the reproduction, distribution or publication of the

Contribution and derivative works thereof as permitted by this

paragraph. When reproducing Contributions, the IETF will

preserve trademark and service mark identifiers used by the

Contributor of the Contribution, including (TM) and (R) where

appropriate, and

(E) to extract, copy, publish, display, distribute, modify and

incorporate into other works, for any purpose (and not limited

to use within the IETF Standards Process) any executable code

or code fragments that are included in any IETF Document (such

as MIB and PIB modules), subject to the requirements of

Section 5 (it also being understood that the licenses granted

under this paragraph (E) shall not be deemed to grant any

right under any patent, patent application or other similar

intellectual property right disclosed by the Contributor under

[RFC3979]).

b. The Contributor grants the IETF and ISOC permission to reference

the name(s) and address(es) of the Contributor(s) and of the

organization(s) s/he represents or is sponsored by (if any).

3.4. Representations and Warranties

With respect to each Contribution, each Contributor represents that

to the best of his or her knowledge and ability:

a. The Contribution properly acknowledges all major Contributors. A

major Contributor is any person who has materially or

substantially contributed to the IETF Contribution.

b. No information in the Contribution is confidential and the IETF,

ISOC, and its affiliated organizations may freely disclose any

information in the Contribution.

c. There are no limits to the Contributor's ability to make the

grants, acknowledgments and agreements herein that are reasonably

and personally known to the Contributor.

d. The Contributor has not intentionally included in the Contribution

any material which is defamatory or untrue or which is illegal

under the laws of the jurisdiction in which the Contributor has

his or her principal place of business or residence.

e. All trademarks, trade names, service marks and other proprietary

names used in the Contribution that are reasonably and personally

known to the Contributor are clearly designated as such where

reasonable.

3.5. No Duty to Publish

The Contributor, and each named co-Contributor, acknowledges that the

IETF has no duty to publish or otherwise use or disseminate any

Contribution. The IETF reserves the right to withdraw or cease using

any Contribution that does not comply with the requirements of

Section 3.4 and Section 3.3 or 4.2.

3.6. Trademarks

Contributors, and each named co-Contributor, who claim trademark

rights in terms used in their IETF Contributions are requested to

state specifically what conditions apply to implementers of the

technology relative to the use of such trademarks. Such statements

should be submitted in the same way as is done for other intellectual

property claims. (See [RFC3979] Section 6.)

4. Rights in RFC Editor Contributions

The following are the rights the IETF, as the publisher of Internet-

Drafts, requires in all RFC Editor Contributions:

4.1. Requirements from Section 3

All RFC Editor Contributions must meet the requirements of Sections

3.1, 3.2, 3.4, 3.5 and 3.6.

4.2. Granting of Rights and Permissions

By submission of an RFC Editor Contribution, each person actually

submitting the RFC Editor Contribution, and each named co-

Contributor, is deemed to agree to the following terms and

conditions, and to grant the following rights, on his or her own

behalf and on behalf of the organization the Contributor represents

or is sponsored by (if any) when submitting the RFC Editor

Contribution.

a. To the extent that an RFC Editor Contribution or any portion

thereof is protected by copyright and other rights of authorship,

the Contributor, and each named co-Contributor, and the

organization he or she represents or is sponsored by (if any)

grant a perpetual, irrevocable, non-exclusive, royalty-free,

world-wide right and license to the ISOC and the IETF under all

intellectual property rights in the RFC Editor Contribution for at

least the life of the Internet-Draft:

(A) to copy, publish, display, and distribute the RFC Editor

Contribution as an Internet-Draft,

(B) to prepare or allow the preparation of translations of the RFC

into languages other than English.

(C) unless explicitly disallowed in the notices contained in an

RFC Editor Contribution (as per Section 5.2 below), to prepare

derivative works (other than translations) that are based on

or incorporate all or part of the RFC Editor Contribution, or

comment upon it. The license to such derivative works not

granting the ISOC and the IETF any more rights than the

license to the original RFC Editor Contribution, and

(D) to reproduce any trademarks, service marks or trade names

which are included in the RFC Editor Contribution solely in

connection with the reproduction, distribution or publication

of the RFC Editor Contribution and derivative works thereof as

permitted by this paragraph. When reproducing RFC Editor

Contributions, the IETF will preserve trademark and service

mark identifiers used by the Contributor of the RFC Editor

Contribution, including (TM) and (R) where appropriate.

b. The Contributor grants the IETF and ISOC permission to reference

the name(s) and address(es) of the Contributor(s) and of the

organization(s) s/he represents or is sponsored by (if any).

5. Notices Required in IETF Documents

The IETF requires that certain notices and disclaimers described in

this Section 5 be reproduced verbatim in all IETF Documents

(including copies, derivative works and translations of IETF

Documents, but subject to the limited exceptions noted in Section

5.2). This requirement protects IETF and its participants from

liabilities connected with these documents. The copyright notice

also alerts readers that the document is an IETF Document, and that

ISOC claims copyright rights to certain ASPects of the document, such

as its layout, the RFC numbering convention and the prefatory

language of the document. This legend is not intended to imply that

ISOC has obtained ownership of the IETF Contribution itself, which is

retained by the author(s) or remains in the public domain, as

applicable.

Each IETF Document must include the required notices described in

this Section 5. The required notices are the following:

a. The IPR Disclosure Acknowledgement described in Section 5.1

(required in all Internet-Drafts).

b. The Derivative Works Limitation described in Section 5.2 (for

specific IETF Documents only).

c. The Publication Limitation described in Section 5.3 (for specific

types of Internet-Drafts only).

d. The Copyright Notice described in Section 5.4 (for all IETF

Documents).

e. The Disclaimer described in Section 5.5 (for all IETF Documents).

5.1. IPR Disclosure Acknowledgement (required in all Internet-Drafts

only)

"By submitting this Internet-Draft, each author represents that

any applicable patent or other IPR claims of which he or she is

aware have been or will be disclosed, and any of which he or she

becomes aware will be disclosed, in accordance with Section 6 of

BCP 79."

5.2. Derivative Works Limitation

If the Contributor desires to eliminate the IETF's right to make

modifications and derivative works of an IETF Contribution (other

than translations), one of the two of the following notices may be

included in the Status of Memo section of an Internet-Draft and

included in a published RFC:

a. "This document may not be modified, and derivative works of it may

not be created, except to publish it as an RFC and to translate it

into languages other than English."

b. "This document may not be modified, and derivative works of it may

not be created."

In the cases of MIB or PIB modules and in other cases where the

Contribution includes material that is meant to be extracted in order

to be used, the following should be appended to statement 5.2 (a) or

5.2 (b):

"other than to extract section XX as-is for separate use."

Notice 5.2(a) is used if the Contributor intends for the IETF

Contribution to be published as an RFC. Notice 5.2(b) is used along

with the Publication Limitation in Section 5.3 when the Contributor

does not intend for the IETF Contribution to be published as an RFC.

These notices may not be used with any standards-track document or

with most working group documents, except as discussed in Section 7.3

below, since the IETF must retain change control over its documents

and the ability to augment, clarify and enhance the original IETF

Contribution in accordance with the IETF Standards Process.

Notice 5.2(a) may be appropriate when republishing standards produced

by other (non-IETF) standards organizations, industry consortia or

companies. These are typically published as Informational RFCs, and

do not require that change control be ceded to the IETF. Basically,

documents of this type convey information for the Internet community.

A fuller discussion of the rationale behind these requirements is

contained in Section 7.3 below.

5.3. Publication Limitation

If the Contributor only wants the IETF Contribution to be made

available in an Internet-Draft (i.e., does not want the IETF

Contribution to be published as an RFC) then the Contributor may

include the following notice in the Status of Memo section of the

Internet-Draft.

"This document may only be posted in an Internet-Draft."

This notice can be used on IETF Contributions that are intended to

provide background information to educate and to facilitate

discussions within IETF working groups but are not intended to be

published as an RFCs.

5.4. Copyright Notice (required for all IETF Documents)

(Normally placed at the end of the IETF Document.)

"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 where such document is the product of a joint

development effort between the IETF and another standards development

organization or the document is a republication of the work of

another standards organization. Such exceptions must be approved on

an individual basis by the IAB.

5.5. Disclaimer (required in all IETF Documents)

(Normally placed at the end of the IETF Document after the copyright

notice.)

"This document and the information contained herein are provided

on an "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/SHE

REPRESENTS OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY AND

THE INTERNET ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT

THE USE OF THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR

ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE."

5.6. Exceptions

Notwithstanding the provisions of this Section 5, in certain limited

cases an abbreviated notice may be placed on certain types of

derivative works of IETF Documents in accordance with this Section

5.6.

a. in MIB modules, PIB modules and similar material commonly

extracted from IETF Documents, except for material that is being

placed under IANA maintenance, the following abbreviated notice

shall be included in the body of the material that will be

extracted in lieu of the notices otherwise required by Section 5:

"Copyright (C) The Internet Society . This version of

this MIB module is part of RFC XXXX; see the RFC itself for

full legal notices."

When the MIB or PIB module is the initial version of a module that

is to be maintained by the IANA, the following abbreviated notice

shall be included:

"Copyright (C) The Internet Society . The initial

version of this MIB module was published in RFC XXXX; for full

legal notices see the RFC itself. Supplementary information

may be available at:

http://www.ietf.org/copyrights/ianamib.Html."

For other types of components than "MIB", substitute "MIB module"

with an appropriate identifier. In the case of MIB and PIB

modules this statement should be placed in the DESCRIPTION clause

of the MODULE-IDENTITY macro.

Variations of these abbreviated notices are not permitted except

in cases where the material to be extracted is the product of a

joint development effort between the IETF and another standards

development organization or is a republication of the work of

another standards organization. Such variations must be approved

on an individual basis by the IAB.

b. short excerpts of IETF Documents presented in electronic help

systems, for example, the DESCRIPTION clauses for MIB variables,

do not need to include a copyright notice.

6. Notices and Rights Required in RFC Editor Contributions

Since the IETF acts as publisher of Internet Drafts, even for

Internet Drafts that are not intended to become part of the Standards

Process, the following are required in all such drafts to protect the

IETF and its processes. The RFC Editor may require additional

notices.

a. An IPR Disclosure Acknowledgement, identical to that specified in

Section 5.1.

b. One of the following three copyright release statements:

A. "By submitting this Internet-Draft, I accept the provisions of

Section 3 of BCP 78."

B. "By submitting this Internet-Draft, I accept the provisions of

Section 4 of BCP 78."

C. The Copyright Notice specified in Section 5.4 and the

disclaimer specified in section 5.5.

7. Exposition of Why These Procedures Are the Way They Are

7.1. Rights Granted in IETF Contributions

The IETF/ISOC must obtain the right to publish an IETF Contribution

as an RFC or an Internet-Draft from the Contributors.

A primary objective of this policy is to obtain from the document

authors only the non-exclusive rights that are needed to develop and

publish IETF Documents and to use the IETF Contributions in the IETF

Standards Process while leaving all other rights with the authors.

The non-exclusive rights that the IETF needs are:

a. the right to publish the document

b. the right to let the document be freely reproduced in the formats

that the IETF publishes it in

c. the right to let third parties translate it into languages other

than English

d. except where explicitly excluded (see Section 5.2), the right to

make derivative works within the IETF process.

e. the right to let third parties extract some logical parts, for

example MIB modules

The authors retain all other rights, but cannot withdraw the above

rights from the IETF/ISOC.

7.2. Rights to use Contributed Material

Because, under the laws of most countries and applicable

international treaties, copyright rights come into existence whenever

a work of authorship is created (but see Section 8 below regarding

public domain documents), and IETF cannot make use of IETF

Contributions if it does not have sufficient rights with respect to

these copyright rights, it is important that the IETF receive

assurances from all Contributors that they have the authority to

grant the IETF the rights that they claim to grant. Without this

assurance, IETF and its participants would run a greater risk of

liability to the owners of these rights.

To this end, IETF asks Contributors to give the assurances in Section

3.4 above. These assurances are requested, however, only to the

extent of the Contributor's reasonable and personal knowledge. (See

Section 1(l))

7.3. Right to Produce Derivative Works

The IETF needs to be able to evolve IETF Documents in response to

experience gained in the deployment of the technologies described in

such IETF Documents, to incorporate developments in research and to

react to changing conditions on the Internet and other IP networks.

In order to do this the IETF must be able to produce derivatives of

its documents; thus the IETF must obtain the right from Contributors

to produce derivative works. Note though that the IETF only requires

this right for the production of derivative works within the IETF

Standards Process. The IETF does not need, nor does it obtain, the

right to let derivative works be created outside of the IETF

Standards Process other than as noted in Section 3.3 (E).

The right to produce derivative works is required for all IETF

standards track documents and for most IETF non-standards track

documents. There are two exceptions to this requirement: documents

describing proprietary technologies and documents that are

republications of the work of other standards organizations.

The right to produce derivative works must be granted in order for an

IETF working group to accept an IETF Contribution as a working group

document or otherwise work on it. For non-working group IETF

Contributions where the Contributor requests publication as a

standards track RFC the right to produce derivative works must be

granted before the IESG will issue an IETF Last-Call and, for most

non-standards track non-working group IETF Contributions, before the

IESG will consider the Internet-Draft for publication.

Occasionally a Contributor may not want to grant publication rights

or the right to produce derivative works before finding out if an

IETF Contribution has been accepted for development in the IETF

Standards Process. In these cases the Contributor may include the

Derivative Works Limitation described in Section 5.2 and the

Publication Limitation described in Section 5.3 in their IETF

Contribution. A working group can discuss the Internet-Draft with

the aim to decide if it should become a working group document, even

though the right to produce derivative works or to publish the IETF

Contribution as an RFC has not yet been granted. If the IETF

Contribution is accepted for development the Contributor must then

resubmit the IETF Contribution without the limitation notices before

a working group can formally adopt the IETF Contribution as a working

group document.

The IETF has historically encouraged organizations to publish details

of their technologies, even when the technologies are proprietary,

because understanding how existing technology is being used helps

when developing new technology. But organizations that publish

information about proprietary technologies are frequently not willing

to have the IETF produce revisions of the technologies and then claim

that the IETF version is the "new version" of the organization's

technology. Organizations that feel this way can specify that an

IETF Contribution can be published with the other rights granted

under this document but may withhold the right to produce derivative

works other than translations. The right to produce translations is

required before any IETF Contribution can be published as an RFC to

ensure the widest possible distribution of the material in RFCs.

In addition, IETF Documents frequently make normative references to

standards or recommendations developed by other standards

organizations. Since the publications of some standards

organizations are not public documents, it can be quite helpful to

the IETF to republish, with the permission of the other standards

organization, some of these documents as RFCs so that the IETF

community can have open Access to them to better understand what they

are referring to. In these cases the RFCs can be published without

the right for the IETF to produce derivative works.

In both of the above cases in which the production of derivative

works is excluded, the Contributor must include a special legend in

the IETF Contribution, as specified in Section 5.2, in order to

notify IETF participants about this restriction.

7.4. Rights to Use Trademarks

Contributors may wish to seek trademark or service mark protection on

any terms that are coined or used in their IETF Contributions. IETF

makes no judgment about the validity of any such trademark rights.

However, the IETF requires each Contributor, under the licenses

described in Section 3.3 above, to grant IETF a perpetual license to

use any such trademarks or service marks solely in exercising its

rights to reproduce, publish and modify the IETF Contribution. This

license does not authorize any IETF participant to use any trademark

or service mark in connection with any product or service offering,

but only in the context of IETF Documents and discussions.

7.5. Who Does This Apply To?

Rights and licenses granted to the IETF under this document are

granted to all individuals noted in Section 1(a), irrespective of

their employment or institutional affiliation. However, these

licenses do not extend broadly to the employers, sponsors or

institutions of such individuals, nor do they authorize the

individuals to exercise any rights outside the specific context of

the IETF Standards Process.

8. Contributions Not Subject to Copyright

Certain documents, including those produced by the U.S. government

and those which are in the public domain, may not be protected by the

same copyright and other legal rights as other documents.

Nevertheless, we ask each Contributor to grant to the IETF the same

rights as he or she would grant, and to make the same

representations, as though the IETF Contribution were protected by

the same legal rights as other documents, and as though the

Contributor could be able to grant these rights. We ask for these

grants and representations only to the extent that the Contribution

may be protected. We believe they are necessary to protect the ISOC,

the IETF, the IETF Standards Process and all IETF participants, and

also because the IETF does not have the resources or wherewithal to

make any independent investigation as to the actual proprietary

status of any document submitted to it.

9. Security Considerations

This memo relates to IETF process, not any particular technology.

There are security considerations when adopting any technology, but

there are no known issues of security with IETF Contribution rights

policies.

10. References

10.1. Normative References

[RFC2026] Bradner, S., "The Internet Standards Process -- Revision

3", BCP 9, RFC 2026, October 1996.

[RFC2028] Hovey, R. and S. Bradner, "The Organizations Involved in

the IETF Standards Process", BCP 11, RFC 2028, October

1996.

[RFC3979] Bradner, S., Ed, "Intellectual Property Rights in IETF

Technology", BCP 79, RFC 3979, March 2005.

10.2. Informative References

[Berne] "Berne Convention for the Protection of Literary and

Artistic Work",

http://www.wipo.int/edocs/trtdocs/en/wo/wo001en.htm

11. Acknowledgements

The editor would like to acknowledge the help of the IETF IPR Working

Group and, in particular the help of Jorge Contreras of Hale and Dorr

for his careful legal reviews of this and other IETF IPR-related and

process documents. The editor would also like to acknowledge the

extensive help John Klensin provided during the development of the

document.

Editor's Address

Scott Bradner

Harvard University

29 Oxford St.

Cambridge MA, 02138

Phone: +1 617 495 3864

EMail: sob@harvard.edu

Full Copyright Statement

Copyright (C) The Internet Society (2005).

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.

This document and the information contained herein are provided on an

"AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS

OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY AND THE INTERNET

ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE

INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Intellectual Property

The IETF takes no position regarding the validity or scope of any

Intellectual Property Rights or other rights that might be claimed to

pertain to the implementation or use of the technology described in

this document or the extent to which any license under such rights

might or might not be available; nor does it represent that it has

made any independent effort to identify any such rights. Information

on the procedures with respect to rights in RFC documents can be

found in BCP 78 and BCP 79.

Copies of IPR disclosures made to the IETF Secretariat and any

assurances of licenses to be made available, or the result of an

attempt made to obtain a general license or permission for the use of

such proprietary rights by implementers or users of this

specification can be obtained from the IETF on-line IPR repository at

http://www.ietf.org/ipr.

The IETF invites any interested party to bring to its attention any

copyrights, patents or patent applications, or other proprietary

rights that may cover technology that may be required to implement

this standard. Please address the information to the IETF at ietf-

ipr@ietf.org.

Acknowledgement

Funding for the RFC Editor function is currently provided by the

Internet Society.

 
 
 
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