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I included an issue number.
The text had just made it to the list before your repost.
So I have added the suggested wording with Haralds adjustment
to the revision 05.
Bert
> -----Original Message-----
> From: ietf-bounces@xxxxxxxx [mailto:ietf-bounces@xxxxxxxx]On Behalf Of
> Harald Tveit Alvestrand
> Sent: Wednesday, January 26, 2005 14:49
> To: ietf@xxxxxxxx
> Subject: RE: Legal review results 1: Intellectual property (fwd)
>
>
> This doesn't seem to have made it to the list...
>
>
> ---------- Forwarded Message ----------
> Date: mandag, januar 24, 2005 15:53:48 -0500
> From: "Contreras, Jorge" <Jorge.Contreras@xxxxxxxxxxxxxx>
> To: Brian E Carpenter <brc@xxxxxxxxxxxxxx>, Harald Tveit Alvestrand
> <harald@xxxxxxxxxxxxx>
> Cc: ietf@xxxxxxxx
> Subject: RE: Legal review results 1: Intellectual property
>
> > If we assume that the IETF will never be interested in
> preventing others
> > from using its software, we can remove the stuff that says
> ".. and ISOC
> > will not utilize or access..... without the written consent
> of the IAD".
> > Jorge - see any problems with removing this?
>
> JLC> No problem.
>
> > We should perhaps ask Jorge to modify his words to ensure
> that they don't
> > preclude IASA from using or contributing to open source software
>
> JLC> I had tried to ensure this, but if there's something that seems
> to be a problem I'm all for fixing it!
>
> By the way, this language related primarily to IASA's rights
> in software developed for it by someone else, and didn't really
> have much to do with software developed by IASA itself. IASA/IETF
> is completely free to contribute to open source projects with software
> developed by IASA personnel, to the extent that there are any.
>
> -----Original Message-----
> From: Brian E Carpenter [mailto:brc@xxxxxxxxxxxxxx]
> Sent: Monday, January 24, 2005 9:34 AM
> To: Harald Tveit Alvestrand
> Cc: ietf@xxxxxxxx; Contreras, Jorge
> Subject: Re: Legal review results 1: Intellectual property
>
>
> Harald Tveit Alvestrand wrote:
> > (explicit CC to Jorge, since I'm interpreting his words)
> >
> > --On fredag, januar 21, 2005 10:49:21 -0500 Bruce Lilly
> > <blilly@xxxxxxxxx> wrote:
> >
> >> Verbosity aside, I don't believe that "sole control and
> custodianship"
> >> applies to open source software. I am not a lawyer, but
> the "Old text"
> >> seems not only more easily comprehended [I am reminded of Jonathan
> >> Swift's satirical look at lawyers in Gulliver's Travels,
> and dismayed
> >> that things haven't improved in 275 years] but seems to be
> considerably
> >> more favorable to open source software than the proposed
> "new text";
> >> the latter appears to be heavily biased towards commercial
> software.
> >
> >
> > On reading the text again, I think this text:
> >
> >> (B) If an IASA Contract provides for the creation, development or
> >> modification of any software (including, without limitation, any
> >> search tools, indexing tools and the like) ("Developed Software")
> >> then the IAD shall, whenever reasonable and practical, ensure
> >> that such contract either (a) grants ownership of such Developed
> >> Software to ISOC, or (b) grants ISOC a perpetual, irrevocable
> >> right, on behalf of IASA and IETF, to use, display, distribute,
> >> reproduce, modify and create derivatives of such Software
> >> (including, without limitation, pursuant to an open source style
> >> license). It is preferred that Developed Software be provided and
> >> licensed for IASA and IETF use in source code form.
> >> ISOC will permit IASA and its designee(s) to have sole control and
> >> custodianship of such Developed Software, and ISOC
> >> will not utilize or access such Developed Software in
> >> connection with any ISOC function other than IETF without
> >> the written consent of the IAD. The foregoing rights are
> not required
> >> in the case of off-the-shelf or other
> commercially-available software
> >> that is not developed at the expense of ISOC.
> >
> >
> > actually is OK for making software free - that would come under the
> > section that says:
> >
> >> .... or (b) grants ISOC a perpetual, irrevocable
> >> right, on behalf of IASA and IETF, to use, display, distribute,
> >> reproduce, modify and create derivatives of such Software
> >> (including, without limitation, pursuant to an open source style
> >> license).
> >
> >
> > If we assume that the IETF will never be interested in
> preventing others
> > from using its software, we can remove the stuff that says
> ".. and ISOC
> > will not utilize or access..... without the written consent
> of the IAD".
> > Jorge - see any problems with removing this?
> >
> > The "IASA and its designee(s)" says that IASA, not ISOC,
> decides to give
> > others permission to use it - ISOC can't give orders to
> IASA to limit it.
> >
>
> We should perhaps ask Jorge to modify his words to ensure
> that they don't
> preclude IASA from using or contributing to open source software.
>
> Brian
>
>
>
> ---------- End Forwarded Message ----------
>
>
>
>
>
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