Subject: Under what terms is IP given to the IETF and does that create an expectation?

From: [email-masked]
Date: Mon, 14 Nov 2005 14:44:39 +0000

One of the key things that we need to resolve is whether ip is given to the IETF in the form of a gift and if so under what expectations and how the intent of the donor is demonstrated to the IETF itself. 

For instance, there is a boilerplate release that basically says the IETF has no obligation to publish anything submitted to it, but in my estimate it is this publishing that represents the 'public acceptance of the gift' because under US law, the conveyance of the gift is not finalized until the act for which the gift was intended happens.

A gift then is constrained by the intent of the giver, whether the IETF's terms and conditions are published as a part of its acceptance process or not. Also there becomes a standard of care and a set of unspoken commitments that the IETF must meet if it is to publish (and as such take possession of) the 'gift'... these are largly items that have been ignored to date but mean that based in its failure to aggressively protect those donations of IP to date, that the IETF may have effectively abandoned any claim in them for this failing... 

For instance - one of my fav. examples of this is the WikiPedia def of a the legal framework for gifts wherein it states that a gift by legal definition must meet three key milestones or criteria. In this example they cite a 'gift' wherein the actual gift itself (a birthday gift) is given in fact prior to the birthday, and with the understanding that it is intended by the gift giver for that and no other purpose. That intent means in fact that no matter how early the 'gift' is actually presented into the custody of the recipent that it remains the property of the giver until the day of the birthday... While this is a simple example - from a legal standpoint I believe it holds true.

Jorge - wanna cite case law - I have the precedents all lined up for these comments.

Todd Glassey

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