Subject: Quesiton for Jorge about IP Valuation and the Submission Process." what if the IP value > $500 USD?"

From: "todd glassey" <[email-masked]>
Date: Wed, 24 May 2006 20:27:50 -0700

Question for the group and Jorge -  Let me frame the question properly

Since the submission process formally assigns rights  to ISOC et Al, I claim
(1) it is a contract and (2) and this is especially true since both parties
acknowledge that they both expect the IETF  to publish the submission being
licensed to the IETF no matter what the language of the submission agreement
says,  otherwise there would be no reason to submit anything for publication
IETF.

Contracts are more than just the agreement
-------------------------------------------
My understanding is that in contract law - the contract is actually the sum
of the agreement, the intent's and understanding's of the parties at the
time of the execution of the agreement, and their initial and ongoing
actions in implementing the contract. Its the ongoing ones that really set
the mark here I think.

The IETF Submission Agreement is just a starting point
---------------------------------------------------
If true, that means that the description of the contract itself may be
substantially different that what was finally implemented, and that this is
likely based on the evolution of the contract processes, the surrounding
constraints, or the business relationship. My point is that the printed
agreement isnt all of it, and that is true here in the IETF too.

Q: So what if the value of the submission > $500 USD?
-----------------------------------------------------
Q: So here is the question - Jorge my understanding is that if the value of
the
contract is more than $500 and its not covered by the Credit Card Laws or by
Banking Reg Z, then it ALSO needs a wet signature in most states to be
binding. Is this correct?

If so, it seems to me that the Email Submission Model is possibly out.
Assume now for the sake of argument that the person writing the I-D makes
$50/Hr - so if they spend > 10 Hrs on the Draft, the document itself has a
paper-cost value of at least the loading overhead of their time. That
doesn't value  the genesis of what was created just the loading costs and
these can easily come well above $500 which brings the contract's value also
over that threshold as well.

So Jorge, we need a legal opinion here, is this a correct? and if not what
part's are inaccurate

Todd

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