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

Hi Mark,

I'll start by saying that this draft is generally good and almost ready.

On 23-Oct-22 14:35, Mark Nottingham wrote:
> Hi Joel,
> 
> Overall this looks much better. A couple of things I noticed:
> 
> * In section 4.1, there is a prohibition against discussing 'details about particular supply chains, discussions about particular market opportunities.'  Many engineers could read this as prohibiting discussion of _any_ supply chain or market opportunity, which I believe is too broad and if adhered to this prohibition would harm our work.
> 
> What work is the word 'particular' doing here - is it scoping it to those supply chains and market opportunities that are specific to a given company? If so, it'd be good to come out and say that (e.g.,  'details about a particular company's supply chains or market opportunities').
> 
> Overall, my understanding is that this kind of language is there to prevent exclusionary practices. Given that we're creating open, voluntary standards (that have no geographic market), I wonder whether these concerns are really applicable to this venue.

Well, they *shouldn't* be and (as the draft states) the IETF process was actually designed by people well aware of antitrust issues. So, we talk about technical requirements and use cases, not about market opportunities. For me this section states the obvious, but maybe it isn't obvious to everybody.

> 
> * Section 4.2 advises participants to consult with 'IETF legal counsel and/or other IETF experts' every time they 'evaluat[e] the relative implementation costs of two technical alternatives to decide whether one is significantly more feasible in the market and thus a better candidate for standardization.' That is not practical. Also, who are 'IETF experts'?

Probably the WG Chairs in the first instance?

    Brian

> 
> Cheers,
> 
> 
> 
>> On 23 Oct 2022, at 5:08 am, Joel Halpern <jmh@joelhalpern.com> wrote:
>>
>> This is a comprehensive rewrite (largely by Brad) to reflect both the community feedback and advice from lawyers.
>>
>> Please read and comment,
>>
>> Thank you,
>>
>> Joel
>>
>>
>>
>> -------- Forwarded Message --------
>> Subject:	I-D Action: draft-halpern-gendispatch-antitrust-03.txt
>> Date:	Sat, 22 Oct 2022 09:12:18 -0700
>> From:	internet-drafts@ietf.org
>> Reply-To:	internet-drafts@ietf.org
>> To:	i-d-announce@ietf.org
>>
>>
>>
>> A New Internet-Draft is available from the on-line Internet-Drafts directories.
>>
>>
>> Title : Antitrust Guidelines for IETF Particiants
>> Authors : Joel M. Halpern
>> Brad Biddle
>> Jay Daley
>> Filename : draft-halpern-gendispatch-antitrust-03.txt
>> Pages : 7
>> Date : 2022-10-22
>>
>> Abstract:
>> This document provides guidance for IETF participants on compliance
>> with antitrust laws and how to reduce antitrust risks in connection
>> with IETF activities.
>>
>>
>> The IETF datatracker status page for this draft is:
>> https://datatracker.ietf.org/doc/draft-halpern-gendispatch-antitrust/
>>
>> There is also an HTML version available at:
>> https://www.ietf.org/archive/id/draft-halpern-gendispatch-antitrust-03.html
>>
>> A diff from the previous version is available at:
>> https://www.ietf.org/rfcdiff?url2=draft-halpern-gendispatch-antitrust-03
>>
>>
>> Internet-Drafts are also available by rsync at rsync.ietf.org::internet-drafts
>>
>>
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> 
> --
> Mark Nottingham   https://www.mnot.net/
> 