Re: [Gendispatch] I-D Action: draft-halpern-gendispatch-antitrust-03.txt

[Rob Sayre <[e-mail]>]

This issue is covered in section 4.3 ("Obtain Independent Legal Advice") of
the document.

https://datatracker.ietf.org/doc/html/draft-halpern-gendispatch-antitrust-03.txt#section-4.3

thanks,
Rob


On Sun, Oct 23, 2022 at 4:15 PM Martin Thomson <[e-mail]> wrote:

> On Sun, Oct 23, 2022, at 15:12, Brian E Carpenter wrote:
> >> * Section 4.2 advises participants to consult with 'IETF legal counsel
> and/or other IETF experts' [...] who are 'IETF experts'?
> >
> > Probably the WG Chairs in the first instance?
>
> I think that carries its own risk.  Chairs are neither your lawyer, your
> company's lawyer, nor are they necessarily expert in the matter.  Though we
> might expect chairs to be more cognizant of the risks here, I would not
> rely on them to provide advice.  I might hope that they point in the right
> direction, but relying on that would be unwise.  At best, we might expect
> that advice to point to this document.
>
> Also, while "IETF experts" are - at least in some cases - highly likely to
> provide good advice, that is only good to the extent to which these experts
> share the goal of avoiding anti-trust problems.  While that goal is
> presumably shared by most participants to a fair extent, that is no
> substitute for having an unconflicted advocate for your interests.  I would
> prefer to advise people to seek their own legal advice, or - for those who
> represent an organization - have the organization they represent seek legal
> advice.
>
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