> s and 1980's. Further, much of the early work in the OGC - such as in
> web mapping - predates by at least a couple of years most of the web
> mapping related patents
The real issue is the outgoing license which does not mandate that each
adopter MUST (and I means that 'must' in caps) do formal diligence on
their use of these IP's because the IETF cannot give anyone license to
directly or indirectly assign, use, reproduce or convey any rights
pertaining to the underlying Intellectual Properties that are described
in the IETF Publications referred to as Internet Drafts and other public
documents they produce.
Further the IETF's Copyright ss107 rights only pertain to actions in
furtherance of the IETF's research meaning "ANY USE OF THEIR IP WHICH IS
REPRODUCED IN ANY FORM IS ALSO CONSTRAINED BY NOTEWELL AND THE IETF
PROCESSES SINCE THE ONLY POSSIBLE USE OF COPYRIGHT ACT SECTION 107 USE
OF RESEARCH-EXEMPTIONS MUST TAKE PLACE WITHIN THAT FORMAL FRAMEWORK THAT
THE IP WAS INITIALLY PUBLISHED IN OR IT WILL CONSTITUTE PRIVATE USE TO
FURTHER A COMMERCIAL ENDEAVOR WHETHER THAT ENDEAVOR IS ACADEMIC IN FORM
OR IN THE PRIVATE SECTOR TOTALLY.
What I find interesting is that any IDIOT who reads the copyright act
would get that. So it means that the NOTEWELL practice as its sits is
legally broken - the question is whether the management of the IETF has
potential liability for this stupidity in its process-design is not
something I want to touch on here.
So this all boils down to
1) Whether the IETF's and OGC are functionally licensing technology to
people which is already protected by existing IP protections or not.
2) Whether the SDG's reliance on (c) section 107 is an issue for anyone
republishing those documents with copyrighted content from others in
them since the IETF is allowing parties to use its documents for any and
all purposes outside of the IETF's standards process by functionally
ignoring these issues.
Personally I think these are real issues for the IETF but that's just my
two cents.
Todd Glassey
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