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.
