Re: Editors vs Authors vs Contributors, was: ANNOUNCEMENT: The IETF Trustees invite your review and comments on a proposed Work-Around to the Pre-5378 Problem

[Simon Josefsson <[e-mail]>]

> Ted,
>
> On 2009-01-23 10:30, Theodore Tso wrote:
> ...
>> Ultimately, I suspect the list of contributors is a good and polite
>> thing to do out of courtesy, but it's not all that useful from an IPR
>> point of view.  Even if there was code that you wanted to use from a
>> pre-RFC5378 text, you wouldn't need or want to contact *all* the
>> contributors; you would want to know who contributed the portion of
>> the RFC containing the code that you wanted to use in an
>> implementation (either proprietary or open source).
>
> To be clear about the case of code: the right to use code was already
> granted under the old rules; it's the right to use non-code text in
> non-IETF derivative works that is made possible by the new rules.
>
> RFC3978 and RFC3667 include:
>       "(E) to extract, copy, publish, display, distribute, modify and
>           incorporate into other works, for any purpose (and not limited
>           to use within the IETF Standards Process) any executable code
>           or code fragments that are included in any IETF Document..."

Those right are not granted to "third parties", only to the ISOC/IETF.
The section before the paragraph you quote from RFC 3978 begins with:

   a. To the extent that a Contribution or any portion thereof is
      protected by copyright and other rights of authorship, the
      Contributor, and each named co-Contributor, and the organization
      he or she represents or is sponsored by (if any) grant a
      perpetual, irrevocable, non-exclusive, royalty-free, world-wide
      right and license to the ISOC and the IETF under all intellectual
                --------------------------------
      property rights in the Contribution:

So I disagree that the right to use code was already granted under RFC
3978.  In fact, I believe this was one of the main flaws with RFC 3978.

/Simon
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