Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-13 Thread Eric Rescorla
At Mon, 12 Jan 2009 19:27:02 -0500, Ed Juskevicius wrote: Eric, Thank You for your comments and for your suggestions (below) I like your proposal for how to clarify and improve the wording of the draft legend text. Thanks. Can you advise as to when the community can expect to see a

RE: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-13 Thread Contreras, Jorge
Eric, Thank you for the careful reading and constructive suggestions. This document contains material from IETF Documents or IETF Contributions published before November 10, 2008 and, to the Contributor?s knowledge, the person(s) controlling the copyright in such material

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-12 Thread Fred Baker
So what I hear (and for the benefit of others, let me note that you and I have ha a fairly detailed discussion privately that I think I am summarizing the result of) is that you want a short term solution and a long term solution. The short term solution would be adequately solved by using

RE: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-12 Thread Ed Juskevicius
Eric, Thank You for your comments and for your suggestions (below) I like your proposal for how to clarify and improve the wording of the draft legend text. Best Regards, Ed J. -Original Message- From: trustees-boun...@ietf.org [mailto:trustees-boun...@ietf.org] On Behalf Of Eric

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-11 Thread Simon Josefsson
Theodore Tso ty...@mit.edu writes: On Sat, Jan 10, 2009 at 02:37:50PM +0100, Simon Josefsson wrote: We do have precedent for include code that has explicit open source licensing rights. For example, the MD5 implementation in RFC 1321 has an explicit BSD-style license. Sure, but under

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-11 Thread Joel M. Halpern
Let's be quite clear here. Your stated requirement for doing this was that authors had to be able to take and modify any text from anywhere in an RFC. The Working Group concluded that while that was reasonable relative to code (and we tried to give the open source community that ability

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-11 Thread John C Klensin
--On Sunday, January 11, 2009 10:28 -0500 Joel M. Halpern j...@joelhalpern.com wrote: Also, it should be understood that this issue is largely orthogonal to the topic under discussion. The working group could have included what Simon asked for in 5377. The rough consensus of the WG was

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-11 Thread Theodore Tso
On Sun, Jan 11, 2009 at 04:09:54PM +0100, Simon Josefsson wrote: I would agree with you for the 2-3 sentences scenario, but that's missing my point. I would fully disagree when it comes to 2-3 paragraphs, 2-3 pages, or entire I-D's. I believe the latter is the reality with several free

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-11 Thread TSG
Lawrence Rosen wrote: John Leslie wrote: I may not be the one to explain, but I _don't_ think that's what the proposal calls for. I think it calls for inclusion of the boilerplate I listed above, which simply disclaims knowledge of _whether_ all the rights of 5378 are granted (and thus

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-11 Thread Simon Josefsson
Joel M. Halpern j...@joelhalpern.com writes: Let's be quite clear here. Your stated requirement for doing this was that authors had to be able to take and modify any text from anywhere in an RFC. No, that's a different issue. Being able (as RFC author) to include code not written by IETF

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-11 Thread Simon Josefsson
Theodore Tso ty...@mit.edu writes: On Sun, Jan 11, 2009 at 04:09:54PM +0100, Simon Josefsson wrote: I would agree with you for the 2-3 sentences scenario, but that's missing my point. I would fully disagree when it comes to 2-3 paragraphs, 2-3 pages, or entire I-D's. I believe the latter is

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-10 Thread Bill Manning
On Fri, Jan 09, 2009 at 02:16:43PM -0800, Lawrence Rosen wrote: That's why I challenged Ted Hardie directly. Please don't take it personally or as flaming, but anyone who wants to assert a private ownership right in any copyright in any IETF RFC ought to do so now or forever hold your peace.

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-10 Thread Simon Josefsson
Joel M. Halpern j...@joelhalpern.com writes: My own take has been that the code reuse problem is the dominant problem. My interpretation has been that the problem has been (and remain) that the license on IETF documents is incompatible with free software licensing, which is counter-productive

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-10 Thread Theodore Tso
On Sat, Jan 10, 2009 at 02:37:50PM +0100, Simon Josefsson wrote: We do have precedent for include code that has explicit open source licensing rights. For example, the MD5 implementation in RFC 1321 has an explicit BSD-style license. Sure, but under the post-RFC 2026 rules that would not

RE: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-10 Thread Lawrence Rosen
Bill Manning wrote: This document is an Internet-Draft and is subject to all provisions of Section 10 of RFC2026 except that the right to produce derivative works is not granted. - and - So for some IETF work product, there are/were people who assert a private ownership right in the

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-10 Thread John C Klensin
+1 It seems to me that we are spending a great deal of energy on non-problems (including the one Ted discusses below) and too little time on real issues... like how to encourage people to do real work around here (where requiring authors try to figure out who might have contributed parts of a

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-10 Thread Brian E Carpenter
Ted, On 2009-01-11 08:10, Theodore Tso wrote: ... If the goal is to allow code to be allowed in Open Source Software, then requiring a maximally compatible OSS license for code makes sense. But requiring for random protocol text, especially if this is going to make reuse of older RFC's

RE: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-10 Thread John C Klensin
--On Saturday, January 10, 2009 11:17 -0800 Lawrence Rosen lro...@rosenlaw.com wrote: ... For the lawyers on here, I'm hoping that silence now, particularly by the major IETF contributors on this list, will be interpreted as laches or waiver if one of them later claims an exclusive

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-10 Thread Bill Manning
On Sat, Jan 10, 2009 at 11:17:47AM -0800, Lawrence Rosen wrote: Bill Manning wrote: This document is an Internet-Draft and is subject to all provisions of Section 10 of RFC2026 except that the right to produce derivative works is not granted. - and - So for some IETF work product,

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread Martin Duerst
At 13:13 09/01/09, Brian E Carpenter wrote: On 2009-01-09 13:59, Stephen Farrell wrote: +1 to fred's proposal, let the exceptions be just that and don't bother most I-D authors, Stephen. On 8 Jan 2009, at 22:49, Fred Baker f...@cisco.com wrote: You asked me to make this comment publicly,

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread Marshall Eubanks
On Jan 9, 2009, at 5:42 AM, Martin Duerst wrote: At 13:13 09/01/09, Brian E Carpenter wrote: On 2009-01-09 13:59, Stephen Farrell wrote: +1 to fred's proposal, let the exceptions be just that and don't bother most I-D authors, Stephen. On 8 Jan 2009, at 22:49, Fred Baker f...@cisco.com

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread Thomas Narten
Martin Duerst due...@it.aoyama.ac.jp writes: WHO exactly are we supposed to get permissions from. The situation of a deceased author is a tought one, but it's an obvious one. But I haven't seen any clear answer to whether permission from all the authors/editors (the people listed in the

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread Marshall Eubanks
On Jan 9, 2009, at 10:16 AM, Thomas Narten wrote: Martin Duerst due...@it.aoyama.ac.jp writes: WHO exactly are we supposed to get permissions from. The situation of a deceased author is a tought one, but it's an obvious one. But I haven't seen any clear answer to whether permission from

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread John C Klensin
--On Friday, January 09, 2009 10:16 -0500 Thomas Narten nar...@us.ibm.com wrote: Martin Duerst due...@it.aoyama.ac.jp writes: WHO exactly are we supposed to get permissions from. The situation of a deceased author is a tought one, but it's an obvious one. But I haven't seen any clear

RE: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread Lawrence Rosen
John Leslie wrote: I may not be the one to explain, but I _don't_ think that's what the proposal calls for. I think it calls for inclusion of the boilerplate I listed above, which simply disclaims knowledge of _whether_ all the rights of 5378 are granted (and thus derivative works outside

RE: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread Ted Hardie
At 11:09 AM -0800 1/9/09, Lawrence Rosen wrote: We should accept the notion that IETF, and now the IETF Trust, as a public interest corporation that manages the expressive creative activities through which these joint works are written, is the joint owner of copyright in every RFC. As such, a

RE: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread Lawrence Rosen
Ted Hardie asked me: Are you willing to personally indemnify the individuals who are later sued by those who don't hold this view or are you willing to pay for the appropriate insurance cover? Of course not. Are you (or your company) warning me that *you* might sue me for infringement of

RE: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread Ted Hardie
At 12:34 PM -0800 1/9/09, Lawrence Rosen wrote: Ted Hardie asked me: Are you willing to personally indemnify the individuals who are later sued by those who don't hold this view or are you willing to pay for the appropriate insurance cover? Of course not. Are you (or your company) warning me

RE: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread John C Klensin
--On Friday, January 09, 2009 11:42 -0800 Ted Hardie har...@qualcomm.com wrote: ... My reading of John's point is that this creates either a coordination burden or a legal risk for the authors re-using text created prior to the new rules. He doesn't want to bear that burden/risk, and I

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread Brian E Carpenter
John, On 2009-01-10 10:32, John C Klensin wrote: ... And note that makes a clear and plausible transition model: (1) Pre-5378 documents exist under pre-5378 rules, so any potential user for non-traditional purposes needs to either figure out who the relevant authors are

RE: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread Lawrence Rosen
John Klensin wrote: Note 2: Larry, I'm not competent to debate your joint authorship theory and hope that no one else, at least no one who is not an attorney admitted to practice in some relevant jurisdiction, will engage you on it. However, it appears to me as a non-lawyer that, if you are

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread Dave CROCKER
ned+i...@mauve.mrochek.com wrote: This is EXACTLY the approach we should be using: Formulate a set of goals, get agreement on them, and only then ask the laywers to turn that informal specification into competent legalese. ... The difference was like night and day. +1 That matches my

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread John C Klensin
--On Saturday, January 10, 2009 11:07 +1300 Brian E Carpenter brian.e.carpen...@gmail.com wrote: Thanks John, I believe that is an excellent summary of the viable options. My draft implicitly adds (2.5) Post-5378 documents that incorporate pre-5378 materials whose original

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread Joel M. Halpern
My own take has been that the code reuse problem is the dominant problem. Document transfer outside the IETF is sufficiently rare that I would agree with Fred that not solving that is fine. This also means that from my personal perspective, a solution that says (loosely based on a suggestion

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread John C Klensin
--On Friday, January 09, 2009 15:25 -0800 Dave CROCKER d...@dcrocker.net wrote: ned+i...@mauve.mrochek.com wrote: This is EXACTLY the approach we should be using: Formulate a set of goals, get agreement on them, and only then ask the laywers to turn that informal specification into

Re: [Trustees] ANNOUNCEMENT: The IETF Trustees invite your reviewand comments on a proposed Work-Around to the Pre-5378 Problem

2009-01-09 Thread Theodore Tso
On Fri, Jan 09, 2009 at 06:52:40PM -0500, Joel M. Halpern wrote: My own take has been that the code reuse problem is the dominant problem. Document transfer outside the IETF is sufficiently rare that I would agree with Fred that not solving that is fine. If it really is the case that the