Re: [antitrust-policy] Fwd: New Version Notification for draft-halpern-gendispatch-antitrust-08.txt

["Black, David" <[e-mail]>]

Jay,

> The only substantive change is that the previous section "Topics requiring caution" has now been deleted.
> In the previous version of this I-D, this section covered two areas: the first began
> "Using unpublished market data to evaluate the relative implementation costs" and
> the second was "Entering into potentially discriminatory, group negotiations of IPR terms".
> These are both complex areas where some behaviours are an antitrust risk and some are not,
> but it has become clear that explaining where the difference lies is not possible and
> all attempts so far have confused people and led to mis-interpretation.
>
> We understand that some on this list wanted this explained, while others wanted this whole section deleted, but after much discussion we concluded that deletion was our only option.

Would it be reasonable to recognize the complexity and subtlety of those topics by mentioning them (or generalized versions of them) as specific areas in which independent legal advice is recommended?  That would send people with doubts/questions about them to the experts (e.g., anti-trust lawyers), which is what I think we'd like to see happen.  E.g., in a new paragraph at the end of Section 4.2 (Obtaining Independent Legal Advice):

   Participants are specifically encouraged to obtain independent legal advice before engaging in activities that involve complex and subtle areas
   of antitrust law and regulations, e.g., use of unpublished market data to inform decisions and discussion of IPR licensing terms and conditions with IPR owners.

That would provide a useful warning to participants without getting into the details of exactly which activities are ok vs. not ok.  I've deliberately generalized both topics in the above "e.g." list, and additional topics could be added.

Thanks, --David

-----Original Message-----
From: antitrust-policy <[e-mail]> On Behalf Of Jay Daley
Sent: Thursday, February 29, 2024 4:56 PM
To: [e-mail]
Cc: Lars Eggert <[e-mail]>
Subject: [antitrust-policy] Fwd: New Version Notification for draft-halpern-gendispatch-antitrust-08.txt


[EXTERNAL EMAIL] 

Hi All

A new version of draft-halpern-gendispatch-antitrust is now available.

The only substantive change is that the previous section "Topics requiring caution" has now been deleted.  In the previous version of this I-D, this section covered two areas: the first began "Using unpublished market data to evaluate the relative  implementation costs" and the second was "Entering into potentially discriminatory, group negotiations of IPR terms".  These are both complex areas where some behaviours are an antitrust risk and some are not, but it has become clear that explaining where the difference lies is not possible and all attempts so far have confused people and led to mis-interpretation.

We understand that some on this list wanted this explained, while others wanted this whole section deleted, but after much discussion we concluded that deletion was our only option.

With this change, we consider this I-D ready to go to last call and will be notifying the sponsoring AD of that view.  If you strongly disagree then please speak up.

Jay

> Begin forwarded message:
> 
> From: [e-mail]
> Subject: New Version Notification for 
> draft-halpern-gendispatch-antitrust-08.txt
> Date: 29 February 2024 at 21:15:36 GMT
> To: "Joel M. Halpern" <[e-mail]>, "Jay Daley" 
> <[e-mail]>, "Joel Halpern" <[e-mail]>
> 
> A new version of Internet-Draft 
> draft-halpern-gendispatch-antitrust-08.txt has been successfully 
> submitted by Joel M. Halpern and posted to the IETF repository.
> 
> Name:     draft-halpern-gendispatch-antitrust
> Revision: 08
> Title:    Antitrust Guidelines for IETF Participants
> Date:     2024-02-29
> Group:    Individual Submission
> Pages:    8
> URL:      https://urldefense.com/v3/__https://www.ietf.org/archive/id/draft-halpern-gendispatch-antitrust-08.txt__;!!LpKI!naphFhCopgj_LvEDByuHtFxlniNpPlOzeQ8oUtrq5Hsxto-oK_M6Y0Dnxjub3yz3b4NmABnAcr770NI$ [ietf[.]org]
> Status:   https://urldefense.com/v3/__https://datatracker.ietf.org/doc/draft-halpern-gendispatch-antitrust/__;!!LpKI!naphFhCopgj_LvEDByuHtFxlniNpPlOzeQ8oUtrq5Hsxto-oK_M6Y0Dnxjub3yz3b4NmABnAaHa2BcE$ [datatracker[.]ietf[.]org]
> HTML:     https://urldefense.com/v3/__https://www.ietf.org/archive/id/draft-halpern-gendispatch-antitrust-08.html__;!!LpKI!naphFhCopgj_LvEDByuHtFxlniNpPlOzeQ8oUtrq5Hsxto-oK_M6Y0Dnxjub3yz3b4NmABnAz5Z_QwY$ [ietf[.]org]
> HTMLized: https://urldefense.com/v3/__https://datatracker.ietf.org/doc/html/draft-halpern-gendispatch-antitrust__;!!LpKI!naphFhCopgj_LvEDByuHtFxlniNpPlOzeQ8oUtrq5Hsxto-oK_M6Y0Dnxjub3yz3b4NmABnAXc3fJiI$ [datatracker[.]ietf[.]org]
> Diff:     https://urldefense.com/v3/__https://author-tools.ietf.org/iddiff?url2=draft-halpern-gendispatch-antitrust-08__;!!LpKI!naphFhCopgj_LvEDByuHtFxlniNpPlOzeQ8oUtrq5Hsxto-oK_M6Y0Dnxjub3yz3b4NmABnA89sg_Io$ [author-tools[.]ietf[.]org]
> 
> Abstract:
> 
>   This document provides education and guidance for IETF participants
>   on compliance with antitrust laws and how to reduce antitrust risks
>   in connection with IETF activities.
> 
> 
> 
> The IETF Secretariat
> 
> 

--
Jay Daley
IETF Executive Director
[e-mail]

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