RFC 3979:Intellectual Property Rights in IETF Tech...
RFC-Ref

4. Actions for Documents for which IPR Disclosure(s) Have Been Received


   (A) When any Intellectual Property Right is disclosed before
       publication as an  RFC, with respect to any technology or
       specification, described in a Contribution in the manner set
       forth in Section 6 of this document, the RFC Editor shall ensure
       that the document include a note indicating the existence of such
       claimed Intellectual Property Rights in any RFC published from
       the Contribution.  (See Section 5 below.)

   (B) The IESG disclaims any responsibility for identifying the
       existence of or for evaluating the applicability of any IPR,
       disclosed or otherwise, to any IETF technology, specification or
       standard, and will take no position on the validity or scope of
       any such IPR claims.

   (C) Where Intellectual Property Rights have been disclosed for IETF
       Documents as provided in Section 6 of this document, the IETF
       Executive Director shall request from the discloser of such IPR,
       a written assurance that upon approval by the IESG for
       publication as RFCs of the relevant IETF specification(s), all
       persons will be able to obtain the right to implement, use,
       distribute and exercise other rights with respect to Implementing
       Technology under one of the licensing options specified in
       Section 6.5 below unless such a statement has already been
       submitted.  The working group proposing the use of the technology
       with respect to which the Intellectual Property Rights are
       disclosed may assist the IETF Executive Director in this effort.

       The results of this procedure shall not, in themselves, block
       publication of an IETF Document or advancement of an IETF
       Document along the standards track.  A working group may take
       into consideration the results of this procedure in evaluating
       the technology, and the IESG may defer approval when a delay may
       facilitate obtaining such assurances.  The results will, however,
       be recorded by the IETF Executive Director, and be made available
       online.


4.1. No Determination of Reasonable and Non-discriminatory Terms


   The IESG will not make any explicit determination that the assurance
   of reasonable and non-discriminatory terms or any other terms for the
   use of an Implementing Technology has been fulfilled in practice.  It
   will instead apply the normal requirements for the advancement of
   Internet Standards.  If the two unrelated implementations of the
   specification that are required to advance from Proposed Standard to
   Draft Standard have been produced by different organizations or
   individuals, or if the "significant implementation and successful
   operational experience" required to advance from Draft Standard to
   Standard has been achieved, the IESG will presume that the terms are
   reasonable and to some degree non-discriminatory.  (See RFC 2026,
   Section 4.1.3.) Note that this also applies to the case where
   multiple implementers have concluded that no licensing is required.
   This presumption may be challenged at any time, including during the
   Last-Call period by sending email to the IESG.



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