Re: [bess] Poll for adoption: draft-morin-bess-mvpn-fast-failover

["Alvaro Retana (aretana)" <[e-mail]>]

bess WG:

As those of you following this thread may have already noticed, no IPR had
been disclosed related to this document, or any of the documents it
replaces ([1] and [2]), at the time this adoption poll started..nor by the
time the poll was to end on Oct/16.

On Oct/17 the WG received a note about IPR found (from one of the
contributors) [3]; the corresponding disclosure was communicated to the WG
on Oct/22 [4].  At the same time a similar disclosure [5] was also
submitted for [2].

It is not uncommon for IPR disclosures to be submitted related to work in
the IETF.  However, it is expected that such disclosures are "made as soon
as reasonably possible after the Contribution is published" [RFC3979].
That clearly did not happen in this case!

Because of the above, and due to authorship and affiliation, the WG Chairs
have decided to recuse themselves from the process of adoption of this
document.  They have asked me to take it on.


I want to then explicitly make the WG aware of the existing IPR claims
related to this document:

https://datatracker.ietf.org/ipr/2696/
https://datatracker.ietf.org/ipr/2697/

Given the recent disclosure, this poll for adoption is extended for
another 2 weeks (ending on November 11, 2015).  Please express your
opinion is support of adoption (or not) on the list.  Even though we
needed to reset the process, please keep in mind from rfc3979:

   It should also be noted that the validity and enforceability of any
   IPR may be challenged for legitimate reasons, and the mere existence
   of an IPR disclosure should not automatically be taken to mean that
   the disclosed IPR is valid or enforceable.  Although the IETF can
   make no actual determination of validity, enforceability or
   applicability of any particular IPR claim, it is reasonable that a
   working group will take into account on their own opinions of the
   validity, enforceability or applicability of Intellectual Property
   Rights in their evaluation of alternative technologies.


To clarify: the IETF (including us as a WG) cannot determine whether the
disclosures are valid, enforceable or even applicable..but you can use
your own criteria when deciding whether to support adoption or not.


Also, with the new IPR baseline, I need all the authors and contributors
to explicitly reply to this message stating whether you know (or not) of
any additional IPR.  [If any of you have already sent such statement to
the WG, there's no need to send it again.]

Thanks!

Alvaro.



[1] https://datatracker.ietf.org/doc/draft-morin-l3vpn-mvpn-fast-failover/
[2] 
https://datatracker.ietf.org/doc/draft-jain-mvpn-bfd-fast-upstream-failover
/
[3] https://mailarchive.ietf.org/arch/msg/bess/uvOZm_K0iKV9btnSK95qVR5wgIk
[4] https://mailarchive.ietf.org/arch/msg/bess/-7TnzEqxfLHqsfFdX6yjHcaVBx8
[5] 
https://www.ietf.org/mail-archive/web/ipr-announce/current/msg01326.html




On 10/2/15, 5:29 AM, "BESS on behalf of Martin Vigoureux"
<[e-mail] on behalf of [e-mail]>
wrote:

>Hello working group,
>
>This email starts a two-week poll on adopting
>draft-morin-bess-mvpn-fast-failover [1] as a working group item.
>
>Please send comments to the list and state if you support adoption or
>not (in the later case, please also state the reasons).
>
>This poll runs until the *16th of October*.
>
>Currently there is no IPR disclosed against this document.
>
>*Coincidentally*, we are also polling for knowledge of any IPR that
>applies to this draft, to ensure that IPR has been disclosed in
>compliance with IETF IPR rules (see RFCs 3979, 4879, 3669 and 5378 for
>more details).
>
>*If you are listed as a document author or contributor* please respond
>to this email and indicate whether or not you are aware of any relevant
>IPR.
>
>The draft will not be adopted until a response has been received from
>each author and contributor.
>
>If you are not listed as an author or contributor, then please
>explicitly respond only if you are aware of any IPR that has not yet
>been disclosed in conformance with IETF rules.
>
>Thank you,
>
>Martin & Thomas
>bess chairs
>
>[1] https://tools.ietf.org/html/draft-morin-bess-mvpn-fast-failover
>
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