Subject: BCP78's Copyright Statement... may be wrong - all submissions to the IETF are likely exclusive in nature. They have to be!

From: "todd glassey" <[email-masked]>
Date: Wed, 8 Mar 2006 09:43:16 -0800

OK - so I may have found yet another twist....

I have a number of problems with the BCP Copyright Statement. For the first
one, notice that while the specific use of the term NON-EXCLUSIVE is
enumerated, that the work, a jointly owned collaborative work between the
Submitter and the IETF (for the use of their template) is created by the
submission which is in fact now exclusively owned by the IETF when the
rights to the portions of the IP that were submitted in the template
(exclusively owned and protected by the IETF) are combined into a derivative
repackaged work called a I-D or RFC, so while the IP conveyance is not
absolute to the core IP being submitted, the format of its submission is,
and all rights for this exclusively rest with the IETF so this copyright
statement is inherently wrong...

---
BCP78:ss3.3/pg 6

   By submission of a Contribution, each person actually submitting the
   Contribution, and each named co-Contributor, is deemed to agree to
   the following terms and conditions, and to grant the following
   rights, on his or her own behalf and on behalf of the organization
   the Contributor represents or is sponsored by (if any) when
   submitting the Contribution.

   a. To the extent that a Contribution or any portion thereof is
      protected by copyright and other rights of authorship, the
      Contributor, and each named co-Contributor, and the organization
      he or she represents or is sponsored by (if any) grant a
      perpetual, irrevocable, non-exclusive, royalty-free, world-wide
      right and license to the ISOC and the IETF under all intellectual
      property rights in the Contribution:

      (A) to copy, publish, display, and distribute the Contribution as
          part of the IETF Standards Process or in an Internet-Draft,

      (B) to prepare or allow the preparation of translations of the
          Contribution into languages other than English,

      (C) unless explicitly disallowed in the notices contained in a
          Contribution [as per Section 5.2 below], to prepare derivative
          works (other than translations) that are based on or
          incorporate all or part of the Contribution, or comment upon
          it, within the IETF Standards Process.  The license to such
          derivative works not granting the ISOC and the IETF any more
          rights than the license to the original Contribution,

      (D) to reproduce any trademarks, service marks or trade names
          which are included in the Contribution solely in connection
          with the reproduction, distribution or publication of the
          Contribution and derivative works thereof as permitted by this
          paragraph.  When reproducing Contributions, the IETF will
          preserve trademark and service mark identifiers used by the
          Contributor of the Contribution, including (TM) and (R) where
          appropriate, and

      (E) to extract, copy, publish, display, distribute, modify and
          incorporate into other works, for any purpose (and not limited
          to use within the IETF Standards Process) any executable code
          or code fragments that are included in any IETF Document (such
          as MIB and PIB modules), subject to the requirements of
          Section 5 (it also being understood that the licenses granted
          under this paragraph (E) shall not be deemed to grant any

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---

From: "todd glassey" <[email-masked]>
Date: Wed, 8 Mar 2006 09:56:20 -0800

By the way - the IETF further gives away this IP which it does not have
rights to do in (e) below where is says:

          intellectual property right disclosed by the Contributor under
          [RFC3979]).

   b. The Contributor grants the IETF and ISOC permission to reference
      the name(s) and address(es) of the Contributor(s) and of the
      organization(s) s/he represents or is sponsored by (if any).
----

WOW - this means that for any and all uses that the submitter grants
permenent and irroevocable rights to  the IETF - and that these USES are not
restricted to the Standards Process - so in fact the IETF has just given
away any and all protocols by allowing anyone to use them in their full and
derivative forms without restriction. Oh yeah except for this...

Also note that this line:

                    (it also being understood that the licenses granted
          under this paragraph (E) shall not be deemed to grant any
          intellectual property right disclosed by the Contributor under
          [RFC3979]).

Which maybe doenst mean squat as these rights are not codified in any any
form by any disclosures.

This whole IP transfer process and structure needs to be rethought.

Todd Glassey
----- Original Message ----- 
From: "todd glassey" <[email-masked]>
To: <[email-masked]>
Sent: Wednesday, March 08, 2006 9:43 AM
Subject: BCP78's Copyright Statement... may be wrong - all submissions to
the IETF are likely exclusive in nature. They have to be!