Re: [Trustees] Last Call for Comments: Proposed work-around to thePre-5378 Problem

One more clarification ...
On Feb 8, 2009, at 5:24 PM, Contreras, Jorge wrote:

> Sorry for jumping into this thread late, but I would recommend leaving
> 6.c and 6.c.iii as proposed in the TLP draft that was circulated.
>
> <snip>

>
> 6.c
>
> OLD
>
> c. Derivative Works and Publication Limitations.  If a Contributor
> desires to limit the right to make modifications and derivative
> works of an IETF Contribution, or to limit its publication, one of
> the following notices must be included.
>
> PROPOSED
>> 	c. Derivative Works and Publication Limitations.  If a
>> 	Contributor desires to limit its publication, or the
>> 	Contribution includes pre-5378 Material that limits the right
>> 	to make modifications and derivative works of an IETF
>> 	Contribution, one of the following notices must be included.
>> 	The notices set forth in clauses (i) and (ii) below may not be
>> 	used with any standards-track document, nor with most working
>> 	group documents.

The 'or' clause requires a certainty that the Legend at 6.c.iii does  
not require.
I think it should read:

or the Contribution includes pre-5378 Material that limits
s/limits/ may limit
the right to make modifications and derivative works of an IETF
Contribution, one of the following notices must be included.

Ray

>>
>
> Same issue (other than the problem that there is no antecedent to the
> pronoun "its" in line 2).  Using "that limits" in line 3 implies that
> the new Contributor must make a legal determination about the rights  
> in
> pre-5378 Material, which I do not think is the desired approach.
>
>> -----Original Message-----
>> From: trustees-bounces@ietf.org
>> [mailto:trustees-bounces@ietf.org] On Behalf Of Thomas Narten
>> Sent: Friday, February 06, 2009 2:02 PM
>> To: Ray Pelletier
>> Cc: Trustees; wgchairs@ietf.org; ietf@ietf.org; iab@iab.org;
>> iesg@ietf.org; rfc-editor@rfc-editor.org
>> Subject: Re: [Trustees] Last Call for Comments: Proposed
>> work-around to thePre-5378 Problem
>>
>> Ray,
>>
>>>> NEW:
>>>>
>>>>   iii. If a Contribution includes Pre-5378 Material and the
>>>>   Contributor is unable (for whatever reason) to obtain the
>>>>   necessary permissions to allow modifications of such Pre-5378
>>>>   Material to be made outside the IETF Standards Process:
>>
>>> The language suggests a tasking to obtain 5378 licenses from
>>> contributors of pre-5378 material.  I think that is something we
>>> want to avoid.  I think the following language obtains the same
>>> results but with less stress on the participants.
>>
>> I agree, but that might also be seen to be getting closer to
>> overruling what RFC 5378 says, something that I understand to be out
>> of scope.
>>
>>> iii. If a Contribution includes Pre-5378 Material for which the
>>>    Contributor of the pre-5378 material has not or may not have
>>>    granted the necessary permissions to the IETF Trust to allow
>>>    modifications of such Pre-5378 Material to be made outside the
>>>    IETF Standards Process:
>>
>> IMO, this is improved wording I support it.
>>
>> Thanks,
>> Thomas
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>>