Friday, October 15, 2010

Re: [Geopriv] IPR on geopriv-arch

Todd,

General comments about IETF IPR policies are not appropriate for this
list. If you want to challenge those policies, please forward these
comments to the IETF list.

--Richard

On Oct 15, 2010, at 11:12 AM, todd glassey wrote:

> On 10/13/2010 4:52 PM, Carl Reed wrote:
>> 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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