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IETF Rights in Contributions
draft-ietf-ipr-submission-rights-08

The information below is for an old version of the document that is already published as an RFC.
Document Type
This is an older version of an Internet-Draft that was ultimately published as RFC 3667.
Author Scott O. Bradner
Last updated 2022年02月25日 (Latest revision 2003年10月21日)
RFC stream Internet Engineering Task Force (IETF)
Intended RFC status Best Current Practice
Formats
Additional resources Mailing list discussion
Stream WG state (None)
Document shepherd (None)
IESG IESG state Became RFC 3667 (Best Current Practice)
Action Holders
(None)
Consensus boilerplate Unknown
Telechat date (None)
Responsible AD Harald T. Alvestrand
Send notices to <smb@research.att.com>, <sra@hactrn.net>
Email authors Email WG IPR References Referenced by Nits Search email archive
draft-ietf-ipr-submission-rights-08
Network Working Group S. Bradner
Internet-Draft Harvard University
 Editor
 October 2003
 IETF Rights in Contributions
 <draft-ietf-ipr-submission-rights-08.txt>
Status of this Memo
 This document is an Internet-Draft and is subject to all provisions
 of Section 10 of RFC 2026.
 Internet-Drafts are working documents of the Internet Engineering
 Task Force (IETF), its areas, and its working groups. Note that
 other groups may also distribute working documents as Internet-
 Drafts.
 Internet-Drafts are draft documents valid for a maximum of six months
 and may be updated, replaced, or obsoleted by other documents at any
 time. It is inappropriate to use Internet-Drafts as reference
 material or to cite them other than as "work in progress."
 The list of current Internet-Drafts can be accessed at
 http://www.ietf.org/ietf/1id-abstracts.txt
 The list of Internet-Draft Shadow Directories can be accessed at
 http://www.ietf.org/shadow.html
Abstract
 The IETF policies about rights in Contributions to the IETF are
 designed to ensure that such Contributions can be made available to
 the IETF and Internet communities while permitting the authors to
 retain as many rights as possible. This memo details the IETF
 policies on rights in Contributions to the IETF. It also describes
 the objectives that the policies are designed to meet. This memo
 updates RFC 2026, and, with RFC XXXY, replaces Section 10 of RFC
 2026. [note to RFC editor: replace XXXY with number of IETF IPR]
 Copyright (C) The Internet Society. (2003)
Table of Contents
 Status of this Memo ................................................1
 Abstract ...........................................................1
 1. Definitions ....................................................1
 2. Introduction ...................................................1
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 3. Rights in IETF Contributions ...................................1
 3.1 General Policy ..............................................1
 3.2 Confidentiality Obligations .................................1
 3.3 Granting of Rights and Permissions ..........................1
 3.4 Representations and Warranties ..............................1
 3.5 No Duty to Publish ..........................................1
 3.6 Trademarks ..................................................1
 4. Rights in RFC Editor Contributions ..............................1
 4.1 Requirements from Section 3 ................................1
 4.2 Granting of Rights and Permissions .........................1
 5. Notices Required in IETF Documents .............................1
 5.1 IPR Disclosure Acknowledgement ...............................1
 5.2 Derivative Works Limitation ..................................1
 5.3 Publication Limitation .......................................1
 5.4 Copyright Notice .............................................1
 5.5 Disclaimer ...................................................1
 5.6 Exceptions ...................................................1
 6. Notices and Rights Required in RFC Editor Contributions ........1
 7. Exposition of why these procedures are the way they are ........1
 7.1 Rights Granted in IETF Contributions .........................1
 7.2 Rights to use Contributed Material ...........................1
 7.3 Right to Produce Derivative Works ............................1
 7.4 Rights to use Trademarks .....................................1
 7.5 Who Does This Apply To? ......................................1
 8. Contributions Not Subject to Copyright .........................1
 9. Security Considerations ........................................1
 10. References .....................................................1
 10.1 Normative References ........................................1
 10.1 Informative References ......................................1
 11. Acknowledgements ...............................................1
 12. Editor's Address ...............................................1
 13. Full copyright statement .......................................1
1. Definitions
 The following definitions are for terms used in the context of this
 document. Other terms, including "IESG," "ISOC," "IAB" and "RFC
 Editor," are defined in [RFC 2028].
 a. "IETF": In the context of this document, the IETF includes all
 individuals who participate in meetings, working groups, mailing
 lists, functions and other activities which are organized or
 initiated by ISOC, the IESG or the IAB under the general
 designation of the Internet Engineering Task Force or IETF, but
 solely to the extent of such participation.
 b. "IETF Standards Process": the activities undertaken by the IETF in
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Internet-Draft IETF Rights in Submissions October 2003
 any of the settings described in 1(c) below.
 c. "IETF Contribution": any submission to the IETF intended by the
 Contributor for publication as all or part of an Internet-Draft or
 RFC (except for RFC Editor Contributions described below) and any
 statement made within the context of an IETF activity. Such
 statements include oral statements in IETF sessions, as well as
 written and electronic communications made at any time or place,
 which are addressed to:
 o the IETF plenary session,
 o any IETF working group or portion thereof,
 o the IESG, or any member thereof on behalf of the IESG,
 o the IAB or any member thereof on behalf of the IAB,
 o any IETF mailing list, including the IETF list itself, any
 working group or design team list, or any other list
 functioning under IETF auspices,
 o the RFC Editor or the Internet-Drafts function (except for RFC
 Editor Contributions described below).
 Statements made outside of an IETF session, mailing list or other
 function, that are clearly not intended to be input to an IETF
 activity, group or function, are not IETF Contributions in the
 context of this document.
 d. "Internet-Draft": temporary documents used in the IETF and RFC
 Editor processes. Internet-Drafts are posted on the IETF web site
 by the IETF Secretariat and have a nominal maximum lifetime in the
 Secretariat's public directory of 6 months, after which they are
 removed. Note that Internet-Drafts are archived many places on
 the Internet, and not all of these places remove expired Internet-
 Drafts. Internet-Drafts that are under active consideration by
 the IESG are not removed from the Secretariat's public directory
 until that consideration is complete. In addition, the author of
 an Internet-Draft can request that the lifetime in the
 Secretariat's public directory be extended before the expiration.
 e. "RFC": the basic publication series for the IETF. RFCs are
 published by the RFC Editor and once published are never modified.
 (See [RFC 2026] Section 2.1)
 f. "RFC Editor Contribution": An Internet-Draft intended by the
 Contributor to be submitted to the RFC Editor for publication as
 an Informational or Experimental RFC but not intended to be part
 of the IETF Standards Process.
 g. "IETF Internet-Drafts": Internet-Drafts other than RFC Editor
 Contributions. Note that under Section 3.3(a) the grant of rights
 in regards to IETF Internet-Drafts as specified in this document
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 is perpetual and irrevocable and thus survives the Secretariat's
 removal of an Internet-Draft from the public directory, except as
 limited by Section 3.3(a)(C). (See [RFC 2026] Sections 2.2 and 8)
 h. "IETF Documents": RFCs and Internet-Drafts except for Internet-
 Drafts that are RFC Editor Contributions and the RFCs that are
 published from them.
 i. "RFC Editor Documents": RFCs and Internet-Drafts that are RFC
 Editor Contributions and the RFCs that may be published from them.
 j. "Contribution": IETF Contributions and RFC Editor Contributions
 k. "Contributor": an individual submitting a Contribution
 l. "Reasonably and personally known": means something an individual
 knows personally or, because of the job the individual holds,
 would reasonably be expected to know. This wording is used to
 indicate that an organization cannot purposely keep an individual
 in the dark about patents or patent applications just to avoid the
 disclosure requirement. But this requirement should not be
 interpreted as requiring the IETF Contributor or participant (or
 his or her represented organization, if any) to perform a patent
 search to find applicable IPR.
2. Introduction
 Under the laws of most countries and current international treaties
 (for example the "Berne Convention for the Protection of Literary and
 Artistic Work" [Berne]), authors obtain numerous rights in the works
 they produce automatically upon producing them. These rights include
 copyrights, moral rights and other rights. In many cases, if the
 author produces a work within the scope of his or her employment,
 most of those rights are usually assigned to the employer, either by
 operation of law or, in many cases, under contract. (The Berne
 Convention names some rights as "inalienable", which means that the
 author retains them in all cases.)
 This document details the rights that the IETF requires in IETF
 Contributions and rights the IETF, as publisher of Internet-Drafts,
 requires in all such Drafts including RFC Editor Contributions. The
 RFC Editor may also define additional rights required for RFC Editor
 Contributions.
 In order for works to be used within the IETF Standards Process or to
 be published as Internet-Drafts, certain limited rights in all
 Contributions must be granted to the IETF and Internet Society
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 (ISOC). In addition, Contributors must make representations to IETF
 and ISOC regarding their ability to grant these rights. These
 necessary rights and representations have until now been laid out in
 Section 10 of [RFC 2026]. In the years since [RFC 2026] was published
 there have been a number of times when the exact intent of Section 10
 has been the subject of vigorous debate within the IETF community.
 The aim of this document is to clarify various ambiguities in Section
 10 of [RFC 2026] that led to these debates and to amplify the policy
 in order to clarify what the IETF is currently doing.
 Section 1 gives definitions used in describing these policies.
 Sections 3, 4, 5 and 6 of this document address the rights in
 Contributions previously covered by Section 10 of [RFC 2026] and the
 "Note Well" explanatory text presented at many IETF activities.
 Sections 7 and 8 then explain the rationale for these provisions,
 including some of the clarifications that have become understood
 since the adoption of [RFC 2026]. The rules and procedures set out
 in this document are not intended to substantially modify or alter
 the IETF's current policy toward Contributions.
 A companion document [IETF IPR] will deal with rights in technologies
 developed or specified as part of the IETF Standards Process. This
 document is not intended to address those issues.
 The rights addressed in this document fall into the following
 categories:
 o rights to make use of contributed material
 o copyrights in IETF documents
 o rights to produce derivative works
 o rights to use trademarks
 This document is not intended as legal advice. Readers are advised
 to consult their own legal advisors if they would like a legal
 interpretation of their rights or the rights of the IETF in any
 Contributions they make.
3. Rights in IETF Contributions
 The following are the rights the IETF requires in all IETF
 Contributions:
3.1 General Policy
 In all matters of copyright and document procedures, the intent is to
 benefit the Internet community and the public at large, while
 respecting the legitimate rights of others.
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3.2 Confidentiality Obligations
 No information or document that is subject to any requirement of
 confidentiality or any restriction on its dissemination may be
 submitted as a Contribution or otherwise considered in any part of
 the IETF Standards Process, and there must be no assumption of any
 confidentiality obligation with respect to any Contribution. Each
 Contributor agrees that any statement in a Contribution, whether
 generated automatically or otherwise, that states or implies that the
 Contribution is confidential or subject to any privilege, can be
 disregarded for all purposes, and will be of no force or effect.
3.3 Granting of Rights and Permissions
 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
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 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 right under
 any patent, patent application or other similar intellectual
 property right disclosed by the Contributor under [IETF IPR]).
 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).
3.4 Representations and Warranties
 With respect to each Contribution, each Contributor represents that
 to the best of his or her knowledge and ability:
 a. The Contribution properly acknowledges all major Contributors. A
 major Contributor is any person who has materially or
 substantially contributed to the IETF Contribution.
 b. No information in the Contribution is confidential and the IETF,
 ISOC, and its affiliated organizations may freely disclose any
 information in the Contribution.
 c. There are no limits to the Contributor's ability to make the
 grants, acknowledgments and agreements herein that are reasonably
 and personally known to the Contributor.
 d. The Contributor has not intentionally included in the Contribution
 any material which is defamatory or untrue or which is illegal
 under the laws of the jurisdiction in which the Contributor has
 his or her principal place of business or residence.
 e. All trademarks, trade names, service marks and other proprietary
 names used in the Contribution that are reasonably and personally
 known to the Contributor are clearly designated as such where
 reasonable.
3.5 No Duty to Publish
 The Contributor, and each named co-Contributor, acknowledges that the
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 IETF has no duty to publish or otherwise use or disseminate any
 Contribution. The IETF reserves the right to withdraw or cease using
 any Contribution that does not comply with the requirements of
 Section 3.4 and Section 3.3 or 4.2.
3.6 Trademarks
 Contributors, and each named co-Contributor, who claim trademark
 rights in terms used in their IETF Contributions are requested to
 state specifically what conditions apply to implementers of the
 technology relative to the use of such trademarks. Such statements
 should be submitted in the same way as is done for other intellectual
 property claims. (See [IETF IPR] Section 6.)
4. Rights in RFC Editor Contributions
 The following are the rights the IETF, as the publisher of Internet-
 Drafts, requires in all RFC Editor Contributions:
4.1 Requirements from Section 3
 All RFC Editor Contributions must meet the requirements of Sections
 3.1, 3.2, 3.4, 3.5 and 3.6.
4.2 Granting of Rights and Permissions
 By submission of an RFC Editor Contribution, each person actually
 submitting the RFC Editor 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 RFC Editor
 Contribution.
 a. To the extent that an RFC Editor 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 non-exclusive, royalty-free, world-wide right and license
 to the ISOC and the IETF under all intellectual property rights in
 the RFC Editor Contribution for at least the life of the Internet-
 Draft:
 (A) to copy, publish, display and distribute the RFC Editor
 Contribution as an Internet-Draft,
 (B) unless explicitly disallowed in the notices contained in an
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 RFC Editor 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 RFC Editor Contribution, or
 comment upon it. The license to such derivative works not
 granting the ISOC and the IETF any more rights than the license
 to the original RFC Editor Contribution, and
 (C) to reproduce any trademarks, service marks or trade names
 which are included in the RFC Editor Contribution solely in
 connection with the reproduction, distribution or publication
 of the RFC Editor Contribution and derivative works thereof as
 permitted by this paragraph. When reproducing RFC Editor
 Contributions, the IETF will preserve trademark and service
 mark identifiers used by the Contributor of the RFC Editor
 Contribution, including (TM) and (R) where appropriate.
 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).
5. Notices Required in IETF Documents
 The IETF requires that certain notices and disclaimers described in
 this Section 5 be reproduced verbatim in all IETF Documents
 (including copies, derivative works and translations of IETF
 Documents, but subject to the limited exceptions noted in Section
 5.2). This requirement protects IETF and its participants from
 liabilities connected with these documents. The copyright notice
 also alerts readers that the document is an IETF Document, and that
 ISOC claims copyright rights to certain aspects of the document, such
 as its layout, the RFC numbering convention and the prefatory
 language of the document. This legend is not intended to imply that
 ISOC has obtained ownership of the IETF Contribution itself, which is
 retained by the author(s) or remains in the public domain, as
 applicable.
 Each IETF Document must include the required notices described in
 this Section 5. The required notices are the following:
 a. The IPR Disclosure Acknowledgement described in Section 5.1
 (required in all Internet-Drafts).
 b. The Derivative Works Limitation described in Section 5.2 (for
 specific IETF Documents only).
 c. The Publication Limitation described in Section 5.3 (for specific
 types of Internet-Drafts only).
 d. The Copyright Notice described in Section 5.4 (for all IETF
 Documents).
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 e. The Disclaimer described in Section 5.5 (for all IETF Documents).
5.1 IPR Disclosure Acknowledgement (required in all Internet-Drafts
 only)
 "By submitting this Internet-Draft, I certify that any applicable
 patent or other IPR claims of which I am aware have been
 disclosed, and any of which I become aware will be disclosed, in
 accordance with RFC XXXY."
5.2 Derivative Works Limitation
 If the Contributor desires to eliminate the IETF's right to make
 modifications and derivative works of an IETF Contribution (other
 than translations), one of the two the following notices may be
 included in the Status of Memo section of an Internet-Draft and
 included in a published RFC:
 a. "This document may not be modified, and derivative works of it may
 not be created, except to publish it as an RFC and to translate it
 into languages other than English."
 b. "This document may not be modified, and derivative works of it may
 not be created."
 In the cases of MIB or PIB modules and in other cases where the
 Contribution includes material that is meant to be extracted in order
 to be used, the following should be appended to statement 5.2 (a) or
 5.2 (b):
 "other than to extract section XX as-is for separate use."
 Notice 5.2(a) is used if the Contributor intends for the IETF
 Contribution to be published as an RFC. Notice 5.2(b) is used along
 with the Publication Limitation in Section 5.3 when the Contributor
 does not intend for the IETF Contribution to be published as an RFC.
 These notices may not be used with any standards-track document or
 with most working group documents, except as discussed in Section 7.3
 below, since the IETF must retain change control over its documents
 and the ability to augment, clarify and enhance the original IETF
 Contribution in accordance with the IETF Standards Process.
 Notice 5.2(a) may be appropriate when republishing standards produced
 by other (non-IETF) standards organizations, industry consortia or
 companies. These are typically published as Informational RFCs, and
 do not require that change control be ceded to the IETF. Basically,
 documents of this type convey information for the Internet community.
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 A fuller discussion of the rationale behind these requirements is
 contained in Section 7.3 below.
5.3 Publication Limitation
 If the Contributor only wants the IETF Contribution to be made
 available in an Internet-Draft (i.e. does not want the IETF
 Contribution to be published as an RFC) then the Contributor may
 include the following notice in the Status of Memo section of the
 Internet-Draft.
 "This document may only be posted in an Internet-Draft."
 This notice can be used on IETF Contributions that are intended to
 provide background information to educate and to facilitate
 discussions within IETF working groups but are not intended to be
 published as an RFCs.
5.4 Copyright Notice (required for all IETF Documents)
 (Normally placed at the end of the IETF Document.)
 "Copyright (C) The Internet Society (year). This document is
 subject to the rights, licenses and restrictions contained in RFC
 XXXX and except as set forth therein, the authors retain all their
 rights."
 [note to the RFC Editor - XXXX above to be replaced with the number
 of this document]
 Additional copyright notices are not permitted in IETF Documents
 except in the case where such document is the product of a joint
 development effort between the IETF and another standards development
 organization or the document is a republication of the work of
 another standards organization. Such exceptions must be approved on
 an individual basis by the IAB.
5.5 Disclaimer (required in all IETF Documents)
 (Normally placed at the end of the IETF Document after the copyright
 notice.)
 "This document and the information contained herein are provided
 on an "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/S HE
 REPRESENTS OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY AND
 THE INTERNET ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES,
 EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT
 THE USE OF THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR
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 ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
 PARTICULAR PURPOSE."
5.6 Exceptions
 Notwithstanding the provisions of this Section 5, in certain limited
 cases an abbreviated notice may be placed on certain types of
 derivative works of IETF Documents in accordance with this Section
 5.6.
 a. in MIB modules, PIB modules and similar material commonly
 extracted from IETF Documents, except for material that is being
 placed under IANA maintenance, the following abbreviated notice
 shall be included in the body of the material that will be
 extracted in lieu of the notices otherwise required by Section 5:
 "Copyright (C) The Internet Society <year> . This version of
 this MIB module is part of RFC XXXX; see the RFC itself for
 full legal notices."
 When the MIB or PIB module is the initial version of a module that
 is to be maintained by the IANA, the following abbreviated notice
 shall be included:
 "Copyright (C) The Internet Society <year>. The initial
 version of this MIB module was published in RFC XXXX; for full
 legal notices see the RFC itself or see:
 http://www.ietf.org/copyrights/ianamib.html."
 Substitute "PIB" for "MIB" in the statement for PIB modules. In
 the case of MIB and PIB modules this statement should be placed in
 the DESCRIPTION clause of the MODULE-IDENTITY macro.
 Variations of these abbreviated notices are not permitted except
 in cases where the material to be extracted is the product of a
 joint development effort between the IETF and another standards
 development organization or is a republication of the work of
 another standards organization. Such variations must be approved
 on an individual basis by the IAB.
 [ note to RFC Editor - leave the "XXXX" in the above ]
 b. short excerpts of IETF Documents presented in electronic help
 systems, for example, the DESCRIPTION clauses for MIB variables,
 do not need to include a copyright notice.
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6. Notices and Rights Required in RFC Editor Contributions
 Since the IETF acts as publisher of Internet Drafts, even for
 Internet Drafts that are not intended to become part of the Standards
 Process, the following are required in all such drafts to protect the
 IETF and its processes. The RFC Editor may require additional
 notices.
 a. An IPR Disclosure Acknowledgement, identical to that specified in
 Section 5.1.
 b. One of the following two copyright release statements:
 A. "By submitting this Internet-Draft, I accept the provisions of
 Section 3 of RFC XXXX."
 B. "By submitting this Internet-Draft, I accept the provisions of
 Section 4 of RFC XXXX."
 [note to RFC Editor - replace XXXX above with the number of this RFC]
7. Exposition of Why These Procedures Are the Way They Are
7.1 Rights Granted in IETF Contributions
 The IETF/ISOC must obtain the right to publish an IETF Contribution
 as an RFC or an Internet-Draft from the Contributors.
 A primary objective of this policy is to obtain from the document
 authors only the non-exclusive rights that are needed to develop and
 publish IETF Documents and to use the IETF Contributions in the IETF
 Standards Process while leaving all other rights with the authors.
 The non-exclusive rights that the IETF needs are:
 a. the right to publish the document
 b. the right to let the document be freely reproduced in the formats
 that the IETF publishes it in
 c. the right to let third parties translate it into languages other
 than English
 d. except where explicitly excluded (see Section 5.2), the right to
 make derivative works within the IETF process.
 e. the right to let third parties extract some logical parts, for
 example MIB modules
 The authors retain all other rights, but cannot withdraw the above
 rights from the IETF/ISOC.
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7.2 Rights to use Contributed Material
 Because, under the laws of most countries and applicable
 international treaties, copyright rights come into existence whenever
 a work of authorship is created (but see Section 8 below regarding
 public domain documents), and IETF cannot make use of IETF
 Contributions if it does not have sufficient rights with respect to
 these copyright rights, it is important that the IETF receive
 assurances from all Contributors that they have the authority to
 grant the IETF the rights that they claim to grant. Without this
 assurance, IETF and its participants would run a greater risk of
 liability to the owners of these rights.
 To this end, IETF asks Contributors to give the assurances in Section
 3.4 above. These assurances are requested, however, only to the
 extent of the Contributor's reasonable and personal knowledge. (See
 Section 1(l))
7.3 Right to Produce Derivative Works
 The IETF needs to be able to evolve IETF Documents in response to
 experience gained in the deployment of the technologies described in
 such IETF Documents, to incorporate developments in research and to
 react to changing conditions on the Internet and other IP networks.
 In order to do this the IETF must be able to produce derivatives of
 its documents; thus the IETF must obtain the right from Contributors
 to produce derivative works. Note though that the IETF only requires
 this right for the production of derivative works within the IETF
 Standards Process. The IETF does not need, nor does it obtain, the
 right to let derivative works be created outside of the IETF
 Standards Process other than as noted in Section 3.3 (E).
 The right to produce derivative works is required for all IETF
 standards track documents and for most IETF non-standards track
 documents. There are two exceptions to this requirement: documents
 describing proprietary technologies and documents that are
 republications of the work of other standards organizations.
 The right to produce derivative works must be granted in order for an
 IETF working group to accept an IETF Contribution as a working group
 document or otherwise work on it. For non-working group IETF
 Contributions where the Contributor requests publication as a
 standards track RFC the right to produce derivative works must be
 granted before the IESG will issue an IETF Last-Call and, for most
 non-standards track non-working group IETF Contributions, before the
 IESG will consider the Internet-Draft for publication.
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Internet-Draft IETF Rights in Submissions October 2003
 Occasionally a Contributor may not want to grant publication rights
 or the right to produce derivative works before finding out if an
 IETF Contribution has been accepted for development in the IETF
 Standards Process. In these cases the Contributor may include the
 Derivative Works Limitation described in Section 5.2 and the
 Publication Limitation described in Section 5.3 in their IETF
 Contribution. A working group can discuss the Internet-Draft with the
 aim to decide if it should become a working group document, even
 though the right to produce derivative works or to publish the IETF
 Contribution as an RFC has not yet been granted. If the IETF
 Contribution is accepted for development the Contributor must then
 resubmit the IETF Contribution without the limitation notices before
 a working group can formally adopt the IETF Contribution as a working
 group document.
 The IETF has historically encouraged organizations to publish details
 of their technologies, even when the technologies are proprietary,
 because understanding how existing technology is being used helps
 when developing new technology. But organizations that publish
 information about proprietary technologies are frequently not willing
 to have the IETF produce revisions of the technologies and then claim
 that the IETF version is the "new version" of the organization's
 technology. Organizations that feel this way can specify that an
 IETF Contribution can be published with the other rights granted
 under this document but may withhold the right to produce derivative
 works other than translations. The right to produce translations is
 required before any IETF Contribution can be published as an RFC to
 ensure the widest possible distribution of the material in RFCs.
 In addition, IETF Documents frequently make normative references to
 standards or recommendations developed by other standards
 organizations. Since the publications of some standards
 organizations are not public documents, it can be quite helpful to
 the IETF to republish, with the permission of the other standards
 organization, some of these documents as RFCs so that the IETF
 community can have open access to them to better understand what they
 are referring to. In these cases the RFCs can be published without
 the right for the IETF to produce derivative works.
 In both of the above cases in which the production of derivative
 works is excluded, the Contributor must include a special legend in
 the IETF Contribution, as specified in Section 5.2, in order to
 notify IETF participants about this restriction.
7.4 Rights to Use Trademarks
 Contributors may wish to seek trademark or service mark protection on
 any terms that are coined or used in their IETF Contributions. IETF
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Internet-Draft IETF Rights in Submissions October 2003
 makes no judgment about the validity of any such trademark rights.
 However, the IETF requires each Contributor, under the licenses
 described in Section 3.3 above, to grant IETF a perpetual license to
 use any such trademarks or service marks solely in exercising its
 rights to reproduce, publish and modify the IETF Contribution. This
 license does not authorize any IETF participant to use any trademark
 or service mark in connection with any product or service offering,
 but only in the context of IETF Documents and discussions.
7.5 Who Does This Apply To?
 Rights and licenses granted to the IETF under this document are
 granted to all individuals noted in Section 1(a), irrespective of
 their employment or institutional affiliation. However, these
 licenses do not extend broadly to the employers, sponsors or
 institutions of such individuals, nor do they authorize the
 individuals to exercise any rights outside the specific context of
 the IETF Standards Process.
8. Contributions Not Subject to Copyright
 Certain documents, including those produced by the U.S. government
 and those which are in the public domain, may not be protected by the
 same copyright and other legal rights as other documents.
 Nevertheless, we ask each Contributor to grant to the IETF the same
 rights as he or she would grant, and to make the same
 representations, as though the IETF Contribution were protected by
 the same legal rights as other documents, and as though the
 Contributor could be able to grant these rights. We ask for these
 grants and representations only to the extent that the Contribution
 may be protected. We believe they are necessary to protect the ISOC,
 the IETF, the IETF Standards Process and all IETF participants, and
 also because the IETF does not have the resources or wherewithal to
 make any independent investigation as to the actual proprietary
 status of any document submitted to it.
9. Security Considerations
 This memo relates to IETF process, not any particular technology.
 There are security considerations when adopting any technology, but
 there are no known issues of security with IETF Contribution rights
 policies.
10. References
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Internet-Draft IETF Rights in Submissions October 2003
10.1 Normative references
 [RFC 2026] Bradner, S.(ed), "The Internet Standards Process --
 Revision 3", RFC 2026, October 1996
 [RFC 2418] Bradner, S. (ed), "Working Group Guidelines and
 Procedures", RFC 2518, September 1998
 [IETF IPR] Bradner, S. (ed), "Intellectual Property Rights in IETF
 Technology", work in progress: draft-ietf-ipr-technology-
 rights-11.txt
10.2 Informative references
 [Berne] "Berne Convention for the Protection of Literary and Artistic
 Work", http://www.wipo.int/treaties/ip/berne/index.html
11. Acknowledgements
 The editor would like to acknowledge the help of the IETF ipr Working
 Group and, in particular the help of Jorge Contreras of Hale and Dorr
 for his careful legal reviews of this and other IETF IPR-related and
 process documents. The editor would also like to acknowledge the
 extensive help John Klensin provided during the development of the
 document.
12. Editor's Address
 Scott Bradner
 Harvard University
 29 Oxford St.
 Cambridge MA, 02138
 sob@harvard.edu
 +1 617 495 3864
13. Full copyright statement
 Copyright (C) The Internet Society (2003). Except as set forth
 below, authors retain all their rights.
 This document and translations of it may be copied and furnished to
 others, and derivative works that comment on or otherwise explain it
 or assist in its implementation may be prepared, copied, published
 and distributed, in whole or in part, without restriction of any
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Internet-Draft IETF Rights in Submissions October 2003
 kind, provided that the above copyright notice and this paragraph are
 included on all such copies and derivative works. However, this
 document itself may not be modified in any way, such as by removing
 the copyright notice or references to the Internet Society or other
 Internet organizations, except as needed for the purpose of
 developing Internet standards in which case the procedures for rights
 in submissions defined in the IETF Standards process must be
 followed, or as required to translate it into languages other than
 English.
 The limited permissions granted above are perpetual and will not be
 revoked by the Internet Society or its successors or assigns.
 This document and the information contained herein is provided on an
 "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/S HE
 REPRESENTS (IF ANY), THE INTERNET SOCIETY AND THE INTERNET
 ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
 INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE
 INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED
 WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. change log
 note to RFC Editor - remove this section before publication
 ver 00 to ver 01
 misc grammar changes throughout text
 sec 2.2 - add note about automatic disclaimers
 sec 2.3a - add "or is sponsored by" remove "unlimited"
 sec 2.3 B - reword to 'of a scope no wider than the license"
 sec 2.4a - add deff of major contributor
 sec 2.6 - 2nd paragraph from sec 5.4 moved here
 sec 3 - truncate heading
 sec 3.1 5th pp - add OR IS SPONSORED BY
 sec 3.1.2 - new section with copyright notice for use where
 derivative works right are withheld
 sec 3.2 - added usage guidelines for boilerplates
 sec 4.1 - add "intended by the contributor"
 sec 4.6 - add "actual" before lifetime
 sec 4.8 - reword
 sec 5.3 - insert "standards" in front of "process" last pp -
 add "with permission" phrase after "republish"
 sec 5.4 - change "we require" to "the IETF requires"
 sec 7/a - add PIBs
 sec 8 - redo security considerations
 sec 9.1 - remove IPR ID as normative reference
 sec 9.2 - add IPR ID as informative reference
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Internet-Draft IETF Rights in Submissions October 2003
 sec 12 - add changes section
 ver 01 to 02
 abstract - add note about updating 2026
 sec 3.2 - add patent pledge
 ver 02 to 03
 misc copy edits throughout document
 sec 4 - "personally and reasonably known" - remove detail
 ver 03 to 04
 sec 4 - added note to the definition of Internet-Draft
 ver 04 to 05
 added ToC
 moved definitions to front
 change "Submissions" to "Contributions"
 change MIBs & PIBs to "MIB modules" and "PIB modules"
 fixes to make sure MIB & PIB modules etc could be extracted
 misc grammar edits through out document
 sec 1 - rearranged definitions split IETF and RFC Editor
 Documents & Contributions changed "Contribution" in rest of
 document to be consistent with new definitions - added
 section XX and YY as part of this split
 sec 3.3 - (a) (B) break out translations from other derivative
 works add (a) (E) remove (b) as redundant
 sec 5 - reorganized
 ver 05 to 06
 sec 5.6(a) - fix text
 ver 06 to ver 07
 misc typos
 ver 07 to ver 8
 IESG editorial tweaks
Bradner [Page 19]

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