Subject: RE: Blue sheet harvest

From: [email-masked] (Scott O. Bradner)
Date: Fri, 4 Apr 2008 08:38:45 -0400 (EDT)

Keith asks:
> Additionally, how does the signing the blue sheet impact the IPR
> considerations? I always understood that this related to saying anything
> in the meeting (i.e. participating) - surely signing the sheet and then
> claiming "I was just sitting in the back of the room doing my email" is
> exactly the same status as being in the room but not signing the blue
> sheet.

there are some corner cases that might run counter to IETF rules 
e.g., someone from your company put in a proposal not knowing about
IPR that you know about - the company still should provide a disclosure

but thats not not the core reason for the list - keeping track of
who is present is just part of the basic requirement for SDOs 
for as long as I can remember

the courts can, and have, used such info to determine if a comapny
should have disclosed IPR 

Scott

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From: Dean Willis <[email-masked]>
Date: Mon, 7 Apr 2008 13:36:20 -0500

> should have disclosed IPR

That begs the question of whether or not a record of the blue sheets  
is retained that is discoverable, should a litigant choose to issue a  
subpoena. I suspect that the answer is "yes", but I have no firsthand  
knowledge of this matter, and I'm not sure whether the IETF has  
declared a position. There are of course many liabilities on all sides  
here, so I'm not certain that uninformed speculation would be  
productive. Is there an official position?

--
Dean

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From: Marshall Eubanks <[email-masked]>
Date: Mon, 7 Apr 2008 15:45:20 -0400

On Apr 7, 2008, at 2:36 PM, Dean Willis wrote:

> is retained that is discoverable,

Yes, by the IETF Trust.

The blue sheets for IETF's 1-21 are missing and presumed lost (if  
indeed they were done that far back).
If anyone has blue sheets from that period, the IETF Trust can accept  
donations.

Regards
Marshall

> should a litigant choose to issue a subpoena. I suspect that the  
> answer is "yes", but I have no firsthand knowledge of this matter,  
> and I'm not sure whether the IETF has declared a position. There are  
> of course many liabilities on all sides here, so I'm not certain  
> that uninformed speculation would be productive. Is there an  
> official position?
>

Regards
Marshall

---

From: [email-masked] (Scott O. Bradner)
Date: Mon, 7 Apr 2008 15:51:01 -0400 (EDT)

> indeed they were done that far back).

they were not - but the attendee lists were included in the proceedings
in many (or most) cases

Scott