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<rfc
xmlns:xi="http://www.w3.org/2001/XInclude"
number="8721"
updates=""
obsoletes="5377"
category="info"
submissionType="IETF"
consensus="true"
ipr="trust200902"
    obsoletes="5377" docName="draft-ietf-iasa2-rfc5377bis-03">

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docName="draft-ietf-iasa2-rfc5377bis-03"
xml:lang="en"
tocInclude="true"
version="3">
  <!-- xml2rfc v2v3 conversion 2.35.0 -->
  <front>
    <title abbrev="Outbound Rights Advice">Advice to the Trustees of the IETF
        Trust on&nbsp;Rights&nbsp;to&nbsp;Be&nbsp;Granted&nbsp;in&nbsp;IETF&nbsp;Documents</title> on Rights to Be Granted in IETF Documents</title>
    <seriesInfo name="RFC" value="8721"/>
    <author fullname="Joel M. Halpern" initials="J.M.H." initials="J." role="editor" surname="Halpern">
      <organization abbrev="Ericsson">Ericsson</organization>
      <address>
        <postal>
          <street>P. O. Box 6049</street>
          <city>Leesburg</city>
          <region>VA</region>
          <code>20178</code>
          <country>US</country>
          <country>United States of America</country>
        </postal>
        <email>joel.halpern@ericsson.com</email>
      </address>
    </author>
    <date month="August" year="2019" /> month="January" year="2020"/>
    <area>General</area>
    <workgroup>IASA2</workgroup>
<keyword>IASA</keyword>
<keyword>Trust</keyword>
    <abstract>
      <t>Contributors grant intellectual property rights to the IETF.  The
      IETF Trust holds and manages those rights on behalf of the IETF.  The
      Trustees of the IETF Trust are responsible for that management.  This
      management includes granting the licenses to copy, implement, and
      otherwise use IETF Contributions, among them Internet-Drafts and RFCs.
      The Trustees of the IETF Trust accept direction from the IETF regarding
      the rights to be granted. This document describes the desires of the
      IETF regarding outbound rights to be granted in IETF
      Contributions. This document obsoletes RFC 5377 solely for the
      purpose of removing references to the IAOC IETF Administrative Oversight Committee
      (IAOC), which was part of IASA.</t> the IETF Administrative Support Activity (IASA).</t>
    </abstract>
  </front>
  <middle>
    <section title="Introduction"> numbered="true" toc="default">
      <name>Introduction</name>
      <t>Under the current operational and administrative structures, IETF
      intellectual property rights are vested in the IETF Trust administered
      by a board of trustees.  This includes the right to make use of IETF
      Contributions, as granted by Contributors under the rules laid out in
      <xref target="RFC5378"></xref>. target="RFC5378" format="default"/>. The Trustees of the IETF Trust
      are  therefore responsible for defining the rights to copy granted by
      the IETF to people who wish to make use of the material in these
      documents.</t>
      <t>For consistency and clarity, this document uses the same terminology
      laid out in <xref target="RFC5378"></xref> target="RFC5378" format="default"/> and uses the same
      meanings as defined in that document.</t>
      <t>The IETF Trust, by way of its Trustees, has indicated, as is
      consistent with the IETF structure,
      that it will respect the wishes of the IETF in regard to what these
      granted rights ought to be. It is therefore the IETF's responsibility to
      articulate those wishes. This document represents the wishes of the IETF
      regarding the rights granted to all users in regard to IETF
      Contributions, until it is superseded.</t>
    </section>
    <section anchor="Purpose" title="Purpose numbered="true" toc="default">
      <name>Purpose in Granting Rights"> Rights</name>
      <t>In providing a description of the wishes of the IETF with regard to
      rights granted in RFCs, it is helpful to keep in mind the purpose of
      granting such rights.</t>
      <t>The mission of the IETF is to produce documents that make the Internet
      work better (see <xref target="RFC3935"></xref> target="RFC3935" format="default"/> for more details).  These
      documents, when completed, are published as RFCs.</t>
      <t>An important subclass of RFCs is standards describing protocols; for
      these, the primary value to the Internet is the ability of implementors
      to build solutions (products, software, etc.) that interoperate using
      these standards. Hence, the IETF has a strong interest in seeing
      accurate, interoperable implementations of the material
      the IETF publishes. The IETF Trust
      grants rights to copy to people to make use of the text in the RFCs in
      order to encourage accurate and interoperable implementations.</t>
      <t>As early
      implementations from Internet-Drafts make use of descriptions in those
      Internet-Drafts, similar desires apply to Internet-Drafts.</t>
      <t>Similar considerations also apply to non-standard,
      non-protocol documents such as BCP (Best Current Practice) and
      Informational documents; in this document, we recommend a common
      approach to the issue of right-to-use licenses for all IETF
      documents.</t>
      <t>Previous documents regarding rights in IETF documents have included
      in the RFC text specific text to be used to achieve the stated goals.
      This has proved problematic. When problems are found with such text,
      even when the problem is not a change in intent, it is necessary to
      revise the RFC to fix the problem.  At best, this delays fixing legal
      issues that need prompt attention.  As such, this document describes
      the IETF desires to the Trustees of the IETF Trust, but does not
      provide the specific legal wording to address the goals.  The selection,
      and updating as necessary, of legal wording is left to the Trustees of
      the IETF Trust.</t>
    </section>
    <section title="Powers numbered="true" toc="default">
      <name>Powers and Authority"> Authority</name>
      <t>As described in the introduction, and formally specified in
      <xref target="RFC5378"></xref>, target="RFC5378" format="default"/>, the legal authority for determining
      and granting users rights to copy material in RFCs and other IETF
      Contributions rests with the Trustees for the IETF
      Trust. This
      document provides guidance to that body, based on the rough consensus of
      the IETF. The Trustees of the IETF Trust have the
      authority and responsibility to determine the exact text insertions
      (or other mechanisms), if any, needed in
      Internet-Drafts, RFCs, and all IETF Contributions to meet these
      goals.  The IETF Trust License Policy is available from
      <xref target="TRUST-LEGAL"></xref>
      https://trustee.ietf.org/docs/IETF-Trust-License-Policy.pdf</t> target="TRUST-LEGAL" format="default"/>
      <eref target="https://trustee.ietf.org/docs/IETF-Trust-License-Policy.pdf" brackets="angle"/>.</t>
      <t>To ensure continuity, the starting point for license text and other
      materials will be that previously created by the Trustees of the IETF
      under the authority of <xref target="RFC5377"></xref> target="RFC5377" format="default"/> which this
      document supersedes.  Changes to the IETF documentation, and document
      policies themselves, take effect as determined by the Trustees of the
      IETF Trust.</t>
      <t>This document does not specify what rights the IETF Trust
      receives from others in IETF Contributions. That is left to another
      document (<xref target="RFC5378"></xref>). target="RFC5378" format="default"/>).  While care has been
      taken by the working group in developing this document,
      and care will be taken by the Trustees of the IETF Trust,
      to see that sufficient rights are granted to the IETF Trust in IETF
      Contributions, it is also the case that the Trust can not grant rights
      it has not or does not receive, and it is expected that policies will be
      in line with that fact. Similarly, the rights granted for pre-existing
      documents can not be expanded unless the holders of rights in those
      Contributions choose to grant expanded rights. Nonetheless, to the
      degree it can, and without
      embarking on a massive effort, it is desirable if similar rights to
      those described below can be granted in older RFCs.</t>
    </section>
    <section title="Recommended numbered="true" toc="default">
      <name>Recommended Grants of Right to Copy"> Copy</name>
      <t>The IETF grants rights to copy and modify parts of IETF Contributions
      in order to meet the objectives described earlier. As such, different
      circumstances and different parts of documents may need different
      grants. This section contains subsections for each such different grant
      that is currently envisioned. Each section is intended to describe a
      particular usage, to describe how that usage is recognizable, and to
      provide guidance to the Trustees of the IETF Trust as to what rights
      the IETF would like to see granted in that circumstance and what
      limitations should be put on such granting.</t>
      <t>These recommendations for outgoing rights are structured around the
      assumptions documented in <xref target="RFC5378"></xref>. target="RFC5378" format="default"/>.  Thus,
      this document is about granting rights derived from those granted to the
      IETF Trust. The recommendations below are how those granted rights should
      in turn be passed on to others using IETF documents in ways and for
      purposes that fit with the goals of the IETF.  This discussion
      is also separate from discussion of the rights the IETF itself requires
      in documents
      to do its job, as those are not "outbound" rights. It is expected that
      the rights granted to the IETF will be a superset of those copying
      rights we wish to grant to others.</t>
      <section title="Rights numbered="true" toc="default">
        <name>Rights Granted for Reproduction of RFCs"> RFCs</name>
        <t>It has long been IETF policy to encourage copying of RFCs in full.
        This permits wide dissemination of the material, without risking loss
        of context or meaning. The IETF wishes to continue to permit anyone to
        make full copies and translations of RFCs.</t>
      </section>
      <section title="Rights numbered="true" toc="default">
        <name>Rights Granted for Quoting from IETF Contributions"> Contributions</name>
        <t>There is rough consensus that it is useful to permit quoting
        without modification of excerpts from IETF Contributions. Such
        excerpts may be of any length and in any context. Translation of
        quotations is also to be permitted. All such quotations should be
        attributed properly to the IETF and the IETF Contribution from which
        they are taken.</t>
      </section>
      <section title="Rights numbered="true" toc="default">
        <name>Rights Granted for Implementing Based on IETF
          Contributions"> Contributions</name>
        <t>IETF Contributions often include components intended to be directly
        processed by a computer. Examples of these include ABNF definitions,
        XML Schemas, XML DTDs, XML RelaxNG definitions, tables of values,
        MIBs, ASN.1, and classical programming code. These are included
        in IETF Contributions for clarity and precision in specification. It
        is clearly beneficial, when such items are included in IETF
        Contributions, to permit the inclusion of such code components in
        products that implement the Contribution. It has been pointed out
        that in several important contexts, use of such code requires the
        ability to modify the code. One common example of this is simply the
        need to adapt code for use in specific contexts (languages, compilers,
        tool systems, etc.) Such use frequently requires some changes to the
        text of the code from the IETF Contribution. Another example is that
        code included in open source products is frequently licensed to permit
        any and all of the code to be modified. Since we want this code
        included in such products, it follows that we need to permit such
        modification. While there has been discussion of restricting
        in some way the rights to make such modifications, the rough consensus
        of the IETF is
        that such restrictions are likely a bad idea, and are certainly very
        complex to define.</t>
        <t> As such, the rough consensus is that the IETF Trust is to grant
        rights such that code components of IETF Contributions can be
        extracted, modified, and used by anyone in any way desired.  To
        enable the broadest possible extraction, modification, and usage,
        the IETF Trust should avoid adding software license obligations
        beyond those already present in a Contribution.  The granted
        rights to extract, modify, and use code should allow creation
        of derived works outside the IETF that may carry additional
        license obligations.  As the IETF Trust can not grant rights
        it does not receive, the rights to extract, modify, and use code
        described in this paragraph can not be granted in IETF
        Contributions that are explicitly marked as not permitting
        derivative works.</t>
        <t>While it is up to the Trustees of the IETF Trust to determine the
        best way of meeting
        this objective, two mechanisms are suggested here that are believed to
        be helpful in documenting the intended grant to readers and users of
        IETF Contributions.</t>
        <t>Firstly, the Trustees of the IETF Trust should maintain, in a
        suitable, easily accessible
        fashion, a list of common RFC components that will be considered to
        be code. To start, this list should include at least the items listed
        above. The Trustees of the IETF Trust will add to this list as
        they deem suitable or as they are directed by the IETF.</t>
        <t>Additionally, the Trustees of the IETF Trust should define a
        textual representation to
        be included in an IETF Contribution to indicate that a portion of the
        document is considered by the authors (and later, the working group,
        and upon approval, the IETF) to be code and thus subject to the
        permissions granted to use code.</t>
      </section>
      <section title="Rights numbered="true" toc="default">
        <name>Rights Granted for Use of Text from IETF Contributions"> Contributions</name>
        <t>There is no consensus at this time to permit the use of text from
        RFCs in contexts where the right to modify the text is required. The
        authors of IETF Contributions may be able and willing to grant such
        rights independently of the rights they have granted to the IETF by
        making the Contribution.</t>
      </section>
      <section title="Additional numbered="true" toc="default">
        <name>Additional Licenses for IETF Contributions"> Contributions</name>
        <t>There have been contexts where the material in an IETF Contribution
        is also available under other license terms. The IETF wishes to be
        able to include content that is available under such licenses. It is
        desirable to indicate in the IETF Contribution that other licenses are
        available. It would be inappropriate and confusing if such additional
        licenses restricted the rights the IETF intends to grant in the
        content of RFCS.</t> RFCs.</t>
        <t>However, the IETF does not wish to have IETF Contributions contain
        additional licenses, as that introduces a number
        of additional difficulties.
        Specifically, additional text in the document, and any additional
        license referred to by permitted additional text, must not in any way
        restrict the rights the IETF intends to grant to others for using the
        contents of IETF Contributions.</t>
        <t>Authors of Contributions retain all rights in their Contributions.
        As such, an author may directly grant any rights they wish separately
        from what the IETF grants. However, a reader wishing to determine or
        make use of such grants will need to either consult external sources of
        information, possibly including
        open source code and documents, or contact the author directly.</t>
      </section>
    </section>
    <section title="IANA Considerations"> numbered="true" toc="default">
      <name>IANA Considerations</name>
      <t>No values are assigned in this document, no registries are created,
      and there is no action assigned to the IANA by this document. One list
      (of kinds of code sections) is anticipated, to be created and maintained
      by the Trustees of the IETF Trust. It is up to the Trustees of the IETF
      Trust whether they create such a list and
      whether they choose to involve the IANA in maintaining that list.</t>
    </section>
    <section title="Security Considerations"> numbered="true" toc="default">
      <name>Security Considerations</name>
      <t>This document introduces no new security considerations. It is a
      process document about the IETF's IPR rights being granted to other
      people. While there may be attacks against the integrity or
      effectiveness of the IETF processes, this document does not address such
      issues.</t>
    </section>
  </middle>
  <back>
    <references title="Normative References">
      <?rfc include="reference.RFC.5377" ?>

      <reference anchor="RFC5378">
        <front>
          <title>Rights Contributors Provide to the IETF Trust</title>
          <author initials="S." surname="Bradner" role="editor"></author>
          <author initials="J." surname="Contreras" role="editor"></author>
          <date month="October" year="2008" />
        </front>
	<seriesInfo name="BCP" value="78"/>
	<seriesInfo name="RFC" value="5378"/>
      </reference>
    <references>
      <name>References</name>
      <references>
        <name>Normative References</name>
        <xi:include href="https://xml2rfc.tools.ietf.org/public/rfc/bibxml/reference.RFC.5377.xml"/>
        <xi:include href="https://xml2rfc.tools.ietf.org/public/rfc/bibxml/reference.RFC.5378.xml"/>
      </references>

    <references title="Informative References">
      <?rfc include="reference.RFC.3935" ?>
      <references>
        <name>Informative References</name>
        <xi:include href="https://xml2rfc.tools.ietf.org/public/rfc/bibxml/reference.RFC.3935.xml"/>
<!-- URL works -->
        <reference anchor="TRUST-LEGAL"> anchor="TRUST-LEGAL" target="http://trustee.ietf.org/docs/IETF-Trust-License-Policy.pdf">
          <front>
            <title>Legal Provisions Relating to IETF Documents</title>
          <author initials="" surname="IETF Trust" fullname="IETF Trust">
            <author>
              <organization>IETF Trust</organization>
            </author>
            <date month="March" day="25" year="2015"/>
          </front>
        <annotation>
http://trustee.ietf.org/docs/IETF-Trust-License-Policy.pdf
        </annotation>
        </reference>
      </references>
    </references>
  </back>
</rfc>