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

IETF


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... RFC2028]. a. "IETF": In the context of this document, the IETF includes all ...
... a. "IETF": In the context of this document, the IETF includes all individuals who participate in meetings, working groups, mailing lists ...
... IAB under the general designation of the Internet Engineering Task Force or IETF, but solely to the extent of such participation. ...
... solely to the extent of such participation. b. "IETF Standards Process": the activities undertaken by the IETF in any of the settings described in 1(c) below. ...
... b. "IETF Standards Process": the activities undertaken by the IETF in any of the settings described in 1(c) below. ...
... any of the settings described in 1(c) below. c. "IETF Contribution": any submission to the IETF intended by the Contributor for publication as all or part of an Internet-Draft ...
... c. "IETF Contribution": any submission to the IETF intended by the Contributor for publication as all or part of an Internet-Draft or ...
... RFC (except for RFC Editor Contributions described below) and any statement made within the context of an IETF activity. Such statements include oral statements in IETF sessions ...
... context of an IETF activity. Such statements include oral statements in IETF sessions, as well as written and electronic communications made at any time or place, ...
... which are addressed to: o the IETF plenary session, o any IETF working group ...
... IETF plenary session, o any IETF working group or portion thereof, o the IESG, or any member thereof on behalf of the IESG ...
... IAB, o any IETF mailing list, including the IETF list itself, any ...
... o any IETF mailing list, including the IETF list itself, any working group or design team list, or any other list ...
... working group or design team list, or any other list functioning under IETF auspices, o the RFC Editor or the Internet-Drafts function (except for RFC ...
... Editor Contributions described below). Statements made outside of an IETF session, mailing list or other ...
... session, mailing list or other function, that are clearly not intended to be input to an IETF activity, group or function, are not IETF ...
... IETF activity, group or function, are not IETF Contributions in the context of this document. ...
... d. "Internet-Draft": temporary documents used in the IETF and RFC Editor processes. Internet-Drafts are posted on the IETF ...
... IETF and RFC Editor processes. Internet-Drafts are posted on the IETF web site by the IETF Secretariat ...
... IETF web site by the IETF Secretariat and have a nominal maximum lifetime in the Secretariat's public directory of 6 months, after which they are ...
... the expiration. e. "RFC": the basic publication series for the IETF. RFCs are published by the RFC Editor and once published are never modified. (See [RFC2026 ...
... an Informational or Experimental RFC but not intended to be part of the IETF Standards Process. g. "IETF ...
... IETF Standards Process. g. "IETF Internet-Drafts": Internet-Drafts other than RFC Editor ...
... Internet-Drafts other than RFC Editor Contributions. Note that under Section 3.3(a) the grant of rights in regards to IETF Internet-Drafts as specified in this document is perpetual and irrevocable and thus survives the Secretariat's ...
... RFC2026] Sections 2.2 and 8) h. "IETF Documents": RFCs and Internet-Drafts except for Internet- ...
... Editor Contributions and the RFCs that may be published from them. j. "Contribution": IETF Contributions or RFC Editor Contributions k. "Contributor": an individual submitting a Contribution ...
... requirement. But this requirement should not be interpreted as requiring the IETF Contributor or participant (or his or her represented organization, if any) to perform a patent search ...
... m. "Implementing Technology": means a technology that implements an IETF specification or standard. n. "Covers" or "Covered" mean that a valid ...


... IPR disclosures has been the subject of vigorous debate within the IETF community. This is because it is becoming increasingly common for IETF working groups to have to deal with claims of ...
... the IETF community. This is because it is becoming increasingly common for IETF working groups to have to deal with claims of Intellectual Property Rights (IPR ...
... [RFC2026] that led to these debates and to amplify the policy in order to clarify what the IETF is, or should be, doing. IPR ...
... IPR disclosures can come at any point in the IETF Standards Process, e.g., before the first Internet-Draft has been submitted, prior to ...
... on; and they can be based on granted patents or on patent applications, and in some cases be disingenuous, i.e., made to affect the IETF Standards Process rather than to inform. RFC 2026 ...
... RFC 2026, Section 10 established three basic principles regarding the IETF dealing with claims of Intellectual Property Rights: ...
... Intellectual Property Rights: (a) the IETF will make no determination about the validity of any particular IPR ...
... particular IPR claim (b) the IETF following normal processes can decide to use technology for which IPR disclosures have been made if it decides that such ...
... a use is warranted (c) in order for the working group and the rest of the IETF to have the information needed to make an informed decision about the use of a particular technology, all those contributing to the working group ...
... discussions must disclose the existence of any IPR the Contributor or other IETF participant believes Covers or may ultimately Cover the technology under discussion. This applies ...
... 2026. The rules and procedures set out in this document are not intended to modify or alter the IETF's current policy toward IPR in the context ...
... IPR in the context of the IETF Standards Process. They are intended to clarify and fill in procedural gaps. ...
... A companion document [RFC3978] deals with rights (such as copyrights and trademarks) in Contributions, including the right of IETF and its participants to publish and create derivative works of those ...
... to consult their own legal advisors if they would like a legal interpretation of their rights or the rights of the IETF in any Contributions they make. ...


... Contributions to the IETF ...


... 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 ...
... (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, ...
... (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 ...
... 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 ...
... 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 ...
... 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 ...
... 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 ...
... 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. ...


... The RFC Editor will ensure that the following notice is present in all IETF RFCs and all other RFCs for which an IPR disclosure or assertion has been received prior to publication. ...
... validity: "The IETF takes no position regarding the validity or scope of any Intellectual Property Rights ...
... Copies of IPR disclosures made to the IETF Secretariat and any assurances of licenses to be made available, or the result of an attempt made to obtain a general license ...
... of such proprietary rights by implementers or users of this specification can be obtained from the IETF on-line IPR repository at http://www.ietf.org/ipr. ...
... at http://www.ietf.org/ipr. The IETF invites any interested party to bring to its attention any copyrights, patents or patent applications, or other proprietary rights that may cover technology that may be required ...
... to implement this standard. Please address the information to the IETF at ietf-ipr@ietf.org." ...


... disclosure. This document refers to the IETF participant making disclosures, consistent with the general IETF philosophy that participants in the ...
... This document refers to the IETF participant making disclosures, consistent with the general IETF philosophy that participants in the IETF act as individuals. A participant's obligation to make a ...
... consistent with the general IETF philosophy that participants in the IETF act as individuals. A participant's obligation to make a disclosure is also considered satisfied if the IPR owner or the ...
... An IETF Participant's IPR in Contributions by Others ...
... Any individual participating in an IETF discussion who reasonably and personally knows of IPR ...
... IPR meeting the conditions of Section 6.6 which the individual believes Covers or may ultimately Cover a Contribution made by another person, or which such IETF participant reasonably and personally knows his or her employer or sponsor may assert against Implementing Technologies based on such Contribution, must make a ...
... If a person has information about IPR that may Cover IETF Contributions, but the participant is not required to disclose because they do not meet the criteria in Section 6.6 (e.g., the IPR ...
... is owned by some other company), such person is encouraged to notify the IETF by sending an email message to ietf-ipr@ietf.org. Such a notice should be sent as soon as reasonably possible after the person ...
... Since IPR disclosures will be used by IETF working groups during their evaluation of alternative technical solutions, it is helpful if an IPR ...
... is helpful to indicate whether, 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 an Implementing ...


... of patent applications or other IPR. Since disclosure is required for anyone submitting documents or participating in IETF discussions, a person who does not disclose IPR ...
... a person who does not disclose IPR for this reason, or any other reason, must not contribute to or participate in IETF activities with respect to technologies that he or she reasonably and personally knows to be Covered by IPR ...
... knows to be Covered by IPR which he or she will not disclose. Contributing to or participating in IETF discussions about a technology without making required IPR ...
... technology without making required IPR disclosures is a violation of IETF process. ...


... Evaluating Alternative Technologies in IETF Working Groups ...
... In general, IETF working groups prefer technologies with no known IPR claims or, for technologies with claims against them, an offer of ...
... IPR claims or, for technologies with claims against them, an offer of royalty-free licensing. But IETF working groups have the discretion to adopt technology with a commitment of fair and non-discriminatory ...
... or free licensing to outweigh the potential cost of the licenses. Over the last few years the IETF has adopted stricter requirements for some security ...
... mandatory-to-implement security technology in IETF technology specifications. This is to ensure that there will be at least one common security ...
... specification from including other security technologies, the use of which could be negotiated between implementations. An IETF consensus has developed that no mandatory-to-implement security ...
... mandatory-to-implement security technology can be specified in an IETF specification unless it has no known IPR claims against it or a royalty-free license ...
... IPR claims in the future. People or organizations not currently involved in the IETF or people or organizations that discover IPR they feel to be relevant in their patent portfolios can make IPR ...
... the disclosed IPR is valid or enforceable. Although the IETF can make no actual determination of validity, enforceability or ...


... The IETF must have change control over the technology described in any standards track IETF Documents ...
... IETF must have change control over the technology described in any standards track IETF Documents in order to fix problems that may be discovered or to produce other derivative works. ...
... In some cases the developer of patented or otherwise controlled technology may decide to hand over to the IETF the right to evolve the technology (a.k.a., "change control"). The implementation of an ...
... change control"). The implementation of an agreement between the IETF and the developer of the technology can be complex. (See [RFC1790] and [RFC2339 ...
... Note that there is no inherent prohibition against a standards track IETF Document making a normative reference to proprietary technology. For example, a number of IETF Standards support proprietary ...
... IETF Document making a normative reference to proprietary technology. For example, a number of IETF Standards support proprietary cryptographic transforms. ...


... Licensing Requirements to Advance Standards Track IETF Documents ...


... No IPR Disclosures in IETF Documents ...
... IETF and RFC Editor Documents must not contain any mention of specific IPR. All specific IPR ...
... described in Section 6. Specific IPR disclosures must not be in the affected IETF and RFC Editor Documents because the reader could be misled. The inclusion of a particular IPR disclosure in a document ...
... misled. The inclusion of a particular IPR disclosure in a document could be interpreted to mean that the IETF, IESG, or RFC Editor has formed an opinion on the validity ...
... included IPR disclosures are the only IPR disclosures the IETF has received concerning the IETF document. Readers should always refer ...
... IPR disclosures the IETF has received concerning the IETF document. Readers should always refer to the on-line web page to get a full list of IPR ...
... on-line web page to get a full list of IPR disclosures received by the IETF concerning any Contribution. (http://www.ietf.org/ipr/) ...


... This memo relates to IETF process, not any particular technology. There are security considerations when adopting any technology, ...


... Hovey, R. and S. Bradner, "The Organizations Involved in the IETF Standards Process", BCP 11, RFC 2028, October 1996. ...
... Bradner, S., "IETF Working Group Guidelines and Procedures", BCP 25, RFC 2418, September 1998. ...
... Bradner, S., Ed., "IETF Rights in Contributions", BCP 78, RFC 3978, January 2005. ...
... Internet Society and Sun Microsystems, "An Agreement Between the Internet Society, the IETF, and Sun Microsystems, Inc. in the matter of NFS V.4 Protocols", RFC 2339, May 1998. ...


... The editor would like to acknowledge the help of the IETF IPR Working Group and, in particular the help of Jorge Contreras of Hale and Dorr ...
... IPR Working Group and, in particular the help of Jorge Contreras of Hale and Dorr for his careful legal reviews of this and other IETF IPR-related and process documents. The editor would also like to thank Valerie See ...


... The IETF takes no position regarding the validity or scope of any Intellectual Property Rights ...
... Copies of IPR disclosures made to the IETF Secretariat and any assurances of licenses to be made available, or the result of an attempt made to obtain a general license ...
... such proprietary rights by implementers or users of this specification can be obtained from the IETF on-line IPR repository at http://www.ietf.org/ipr. ...
... http://www.ietf.org/ipr. The IETF invites any interested party to bring to its attention any copyrights, patents or patent applications, or other proprietary rights that may cover technology that may be required to implement ...
... rights that may cover technology that may be required to implement this standard. Please address the information to the IETF at ietf- ipr@ietf.org. ...



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