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+Network Working Group S. Bradner, Ed.
+Request for Comments: 5378 Harvard University
+BCP: 78 J. Contreras, Ed.
+Obsoletes: 3978, 4748 WilmerHale
+Updates: 2026 November 2008
+Category: Best Current Practice
+
+
+ Rights Contributors Provide to the IETF Trust
+
+Status of This Memo
+
+ This document specifies an Internet Best Current Practices for the
+ Internet Community, and requests discussion and suggestions for
+ improvements. Distribution of this memo is unlimited.
+
+Copyright Notice
+
+ Copyright (c) 2008 IETF Trust and the persons identified as the
+ document authors. All rights reserved.
+
+ This document is subject to BCP 78 and the IETF Trust's Legal
+ Provisions Relating to IETF Documents
+ (http://trustee.ietf.org/license-info) in effect on the date of
+ publication of this document. Please review these documents
+ carefully, as they describe your rights and restrictions with respect
+ to this document.
+
+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
+ obsoletes RFCs 3978 and 4748 and, with BCP 79 and RFC 5377, replaces
+ Section 10 of RFC 2026.
+
+
+
+
+
+
+
+
+
+
+
+
+
+Bradner & Contreras Best Current Practice [Page 1]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+Table of Contents
+
+ 1. Definitions .....................................................3
+ 2. Introduction ....................................................5
+ 2.1. No Retroactive Effect ......................................5
+ 3. Exposition of Why These Procedures Are the Way They Are .........6
+ 3.1. Rights Granted in Contributions ............................6
+ 3.2. Rights to Use Contributions ................................6
+ 3.3. Right to Produce Derivative Works ..........................6
+ 3.4. Rights to Use Trademarks ...................................8
+ 3.5. Contributions Not Subject to Copyright .....................8
+ 3.6. Copyright in RFCs ..........................................9
+ 4. Non-IETF Documents ..............................................9
+ 5. Rights in Contributions .........................................9
+ 5.1. General Policy .............................................9
+ 5.2. Confidentiality Obligations ...............................10
+ 5.3. Rights Granted by Contributors to the IETF Trust ..........10
+ 5.4. Sublicenses by the IETF Trust .............................11
+ 5.5. No Patent License .........................................11
+ 5.6. Representations and Warranties ............................11
+ 5.7. No Duty to Publish ........................................12
+ 5.8. Trademarks ................................................12
+ 5.9. Copyright in RFCs .........................................12
+ 5.10. Contributors' Retention of Rights ........................12
+ 6. Legends, Notices and Other Standardized Text in IETF
+ Documents ......................................................13
+ 7. Security Considerations ........................................13
+ 8. References .....................................................14
+ 8.1. Normative References ......................................14
+ 8.2. Informative References ....................................14
+ 9. Acknowledgments ................................................15
+ 10. Changes since RFC 3978 ........................................15
+ 11. Declaration from the IAB ......................................16
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+Bradner & Contreras Best Current Practice [Page 2]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+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 [RFC2028].
+
+ a. "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 in Section 4
+ 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, that are addressed to:
+
+ o the IETF plenary session,
+ o any IETF working group or portion thereof,
+ o any Birds of a Feather (BOF) session,
+ 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, as described in Section 4 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.
+
+ b. "Contributor": an individual submitting a Contribution.
+
+ c. "Indirect Contributor": any person who has materially or
+ substantially contributed to a Contribution without being
+ personally involved in its submission to the IETF.
+
+ d. "Copyright": the legal right granted to an author in a document or
+ other work of authorship under applicable law. A "copyright" is
+ not equivalent to a "right to copy". Rather a copyright
+ encompasses all of the exclusive rights that an author has in a
+ work, such as the rights to copy, publish, distribute and create
+ derivative works of the work. An author often cedes these rights
+ to his or her employer or other parties as a condition of
+ employment or compensation.
+
+ e. "IETF": in the context of this document, the IETF includes all
+ individuals who participate in meetings, working groups, mailing
+ lists, functions, and other activities that are organized or
+
+
+
+Bradner & Contreras Best Current Practice [Page 3]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+ initiated by ISOC, the IESG, or the IAB under the general
+ designation of the Internet Engineering Task Force (IETF), but
+ solely to the extent of such participation.
+
+ f. "IETF Documents": RFCs and Internet-Drafts that are used in the
+ IETF Standards Process as defined in 1(g). This is identical to
+ the "IETF stream" defined in [RFC4844].
+
+ g. "IETF Standards Process": the activities undertaken by the IETF in
+ any of the settings described in 1(a) above.
+
+ h. "IETF Trust": a trust established under the laws of the
+ Commonwealth of Virginia, USA, in order to hold and administer
+ intellectual property rights for the benefit of the IETF.
+
+ i. "Internet-Draft": temporary documents used in the IETF Standards
+ Process. Internet-Drafts are posted on the IETF web site by the
+ IETF Secretariat. As noted in Section 2.2 of RFC 2026, Internet-
+ Drafts have a nominal maximum lifetime of six months in the IETF
+ Secretariat's public directory.
+
+ j. "Legend Instructions": the standardized text that is maintained by
+ the IETF Trust and is included in IETF Documents and the
+ instructions and requirements for including that standardized text
+ in IETF Documents. The text and instructions are posted from time
+ to time at http://trustee.ietf.org/license-info.
+
+ k. "RFC": the publication series used by the IETF among others. RFCs
+ are published by the RFC Editor. Although RFCs may be superseded
+ in whole or in part by subsequent RFCs, the text of an RFC is not
+ altered once published in RFC form. (See [RFC2026] Section 2.1.)
+
+ l. "Reasonably and personally known": 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 certain information just to avoid the disclosure
+ requirement.
+
+ m. "Non-IETF documents": Internet-Drafts that are submitted to the
+ RFC Editor independently of the IETF Standards Process. (See
+ Section 4.)
+
+
+
+
+
+
+
+
+
+Bradner & Contreras Best Current Practice [Page 4]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+2. Introduction
+
+ 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.
+
+ 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.)
+
+ In order for Contributions to be used within the IETF Standards
+ Process, including when they are published as Internet-Drafts or
+ RFCs, certain limited rights must be granted to the IETF Trust, which
+ then grants the necessary rights to the IETF. In addition,
+ Contributors must make representations to the IETF Trust and the IETF
+ regarding their ability to grant these rights.
+
+ Section 1 provides definitions used in these policies. Sections 3
+ and 4 of this document explain the rationale for these provisions.
+ Sections 1, 2, 5, and 6 of this document are normative, the other
+ sections are informative. RFC 3979 (BCP 79) [RFC3979] deals with
+ rights, including possible patent rights, in technologies developed
+ or specified as part of the IETF Standards Process. This document is
+ not intended to address those issues. This memo obsoletes RFCs 3978
+ [RFC3978] and 4748 [RFC4748] and, with RFC 3979 (BCP 79) and
+ [RFC5377], replaces Section 10 of RFC 2026 [RFC2026].
+
+ 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 Trust
+ [RFC4371] in any Contributions they make.
+
+2.1. No Retroactive Effect
+
+ This memo does not retroactively obtain additional rights from
+ Contributions that predate the date that the IETF Trust announces the
+ adoption of these procedures.
+
+
+
+
+
+
+
+Bradner & Contreras Best Current Practice [Page 5]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+3. Exposition of Why These Procedures Are the Way They Are
+
+3.1. Rights Granted in Contributions
+
+ The IETF Trust and the IETF 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 IETF Contributions in the IETF
+ Standards Process and potentially elsewhere.
+
+ The authors retain all other rights, but cannot withdraw the above
+ rights from the IETF Trust and the IETF.
+
+ It is important to note that under this document, Contributors are
+ required to grant certain rights to the IETF Trust (see Section
+ 5.3.), which holds all IETF-related intellectual property on behalf
+ of the IETF community. The IETF Trust will, in turn, grant a
+ sublicense of these rights to all IETF participants for use in the
+ IETF Standards Process (see Section 5.4.). This sublicense is
+ necessary for the standards development work of the IETF to continue.
+ In addition, the IETF Trust may grant certain other sublicenses of
+ the rights that it is granted under this document. In granting such
+ other sublicenses, the IETF Trust will be guided and bound by
+ documents such as [RFC5377].
+
+3.2. Rights to Use Contributions
+
+ 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 because, under the laws of most
+ countries and applicable international treaties, copyright rights
+ come into existence when a work of authorship is created (but see
+ Section 3.5 below regarding public domain documents), and the IETF
+ cannot make use of IETF Contributions if it does not have sufficient
+ rights with respect to these copyright rights. The IETF and its
+ participants would run a greater risk of liability to the owners of
+ these rights without this assurance. To this end, the IETF asks
+ Contributors to give the assurances in Section 5.6 below. These
+ assurances are requested, however, only to the extent of the
+ Contributor's reasonable and personal knowledge. (See Section 1(l).)
+
+3.3. 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
+
+
+
+Bradner & Contreras Best Current Practice [Page 6]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+ react to changing conditions on the Internet and other IP networks.
+ The IETF may also decide to permit others to develop derivative works
+ based on Contributions. 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 that
+ the right to produce translations is required before any Contribution
+ can be published as an RFC, to ensure the widest possible
+ distribution of the material in RFCs. The right to produce
+ derivative works, in addition to translations, 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 a Contribution as a working group
+ document or otherwise work on it. For non-working group
+ 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 Contributions, before the IESG
+ will consider the Internet-Draft for publication. Occasionally a
+ Contributor may not want to grant publication rights or the right to
+ produce derivative works before finding out if a Contribution has
+ been accepted for development in the IETF Standards Process. In
+ these cases, the Contributor may include a limitation on the right to
+ make derivative works in the form specified in the Legend
+ Instructions. A working group can discuss the Contribution 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
+ Contribution as an RFC has not yet been granted. However, if the
+ Contribution is accepted for development, the Contributor must
+ resubmit the Contribution without the limitation notices before a
+ working group can formally adopt the Contribution as a working group
+ document. The IETF Trust may establish different policies for
+ granting sublicenses with respect to different types of Contributions
+ and content within Contributions (such as executable code versus
+ descriptive text or references to third-party materials). The IETF
+ Trust's policies concerning the granting of sublicenses to make
+ derivative works will be guided by RFC [RFC5377].
+
+ 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
+ possibly claim that the IETF version is the "new version" of the
+
+
+
+Bradner & Contreras Best Current Practice [Page 7]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+ organization's technology. Organizations that feel this way can
+ specify that a Contribution be published with the other rights
+ granted under this document but may withhold the right to produce
+ derivative works other than translations.
+
+ 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 Contribution, as
+ specified in the Legend Instructions, in order to notify IETF
+ participants about this restriction.
+
+3.4. Rights to Use Trademarks
+
+ Contributors may wish to seek trademark or service mark protection on
+ any terms that are coined or used in their Contributions. The IETF
+ makes no judgment about the validity of any such trademark rights.
+ However, the IETF requires each Contributor, under the licenses
+ described in Section 5.3 below, to grant the IETF Trust a perpetual
+ license to use any such trademarks or service marks solely in
+ exercising rights to reproduce, publish, discuss, and modify the IETF
+ Contribution. This license does not authorize the IETF or others to
+ use any trademark or service mark in connection with any product or
+ service offering.
+
+3.5. 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 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 Trust, the IETF, the IETF Standards Process, and all IETF
+ participants, and 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.
+
+
+
+Bradner & Contreras Best Current Practice [Page 8]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+3.6. Copyright in RFCs
+
+ As noted above, Contributors to the IETF (or their employers) retain
+ ownership of the copyright in their Contributions. This includes
+ Internet-Drafts and all other Contributions made within the IETF
+ Standards Process (e.g., via e-mail, oral comment, and otherwise).
+ However, it is important that the IETF (through the IETF Trust) own
+ the copyright in documents that are published as RFCs (other than
+ Informational RFCs and RFCs that are submitted as RFC Editor
+ Contributions). Ownership of the copyright in an RFC does not
+ diminish the Contributors' rights in their underlying contributions,
+ but it does prevent anyone other than the IETF Trust (and its
+ licensees) from republishing or modifying an RFC in RFC format. In
+ this respect, Contributors are treated the same as anybody else:
+ though they may extract and republish their own Contributions without
+ limitation, they may not do so in the RFC format used by the IETF.
+ And while this principle (which is included in Section 5.9 below) may
+ appear to be new to the IETF, it actually reflects historical
+ practice and has been observed for many years through the inclusion
+ of an ISOC or IETF Trust copyright notice on all RFC documents since
+ the publication of RFC 2026.
+
+4. Non-IETF Documents
+
+ This document only relates to Contributions made as part of the IETF
+ Processes. Other documents that are referred to as Internet-Drafts
+ and RFCs may be submitted to and published by the RFC Editor
+ independently of the IETF Standards Process. Such documents are not
+ covered by this document, unless the controlling entity for that
+ document stream, as described in [RFC4844] chooses to apply these
+ rules. Non-IETF Contributions must be marked appropriately as
+ described in the Legend Instructions. See the RFC Editor web page
+ for information about the policies concerning rights in RFC Editor
+ Documents; for other document streams, the controlling entity must be
+ contacted. See Section 11 for a declaration from the IAB on this
+ matter.
+
+5. Rights in Contributions
+
+5.1. General Policy
+
+ By submission of a Contribution, each person actually submitting the
+ Contribution and each named co-Contributor is deemed to have read and
+ understood the rules and requirements set forth in this document.
+ Each Contributor is deemed, by the act of submitting a Contribution,
+ to enter into a legally-binding agreement to comply with the terms
+ and conditions set forth in this document.
+
+
+
+
+Bradner & Contreras Best Current Practice [Page 9]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+ The Contributor is further deemed to have agreed that he/she has
+ obtained the necessary permissions to enter into such an agreement
+ from any party that the Contributor reasonably and personally knows
+ may have rights in the Contribution, including, but not limited to,
+ the Contributor's sponsor or employer.
+
+ No further acknowledgment, signature, or other action is required to
+ bind a Contributor to these terms and conditions. The operation of
+ the IETF and the work conducted by its many participants is dependent
+ on such agreement by each Contributor, and each IETF participant
+ expressly relies on the agreement of each Contributor to the terms
+ and conditions set forth in this document.
+
+5.2. 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.
+
+5.3. Rights Granted by Contributors to the IETF Trust
+
+ To the extent that a Contribution or any portion thereof is protected
+ by copyright or other rights of authorship, the Contributor and each
+ named co-Contributor grant a perpetual, irrevocable, non-exclusive,
+ royalty-free, world-wide, sublicensable right and license to the IETF
+ Trust under all such copyrights and other rights in the Contribution:
+
+ a. to copy, publish, display, and distribute the Contribution, in
+ whole or in part,
+
+ b. to prepare translations of the Contribution into languages other
+ than English, in whole or in part, and to copy, publish, display,
+ and distribute such translations or portions thereof,
+
+ c. to modify or prepare derivative works (in addition to
+ translations) that are based on or incorporate all or part of the
+ Contribution, and to copy, publish, display, and distribute such
+ derivative works, or portions thereof unless explicitly disallowed
+ in the notices contained in a Contribution (in the form specified
+ by the Legend Instructions), and
+
+
+
+
+
+Bradner & Contreras Best Current Practice [Page 10]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+ 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 Section 5.3,
+ provided that when reproducing Contributions, trademark and
+ service mark identifiers used in the Contribution, including TM
+ and (R), will be preserved.
+
+5.4. Sublicenses by the IETF Trust
+
+ The IETF Trust will sublicense the rights granted to it under Section
+ 5.3 to all IETF participants for use within the IETF Standards
+ Process. This license is expressly granted under a license agreement
+ issued by the IETF Trust, which can be found at
+ http://trustee.ietf.org/license-info.
+
+ This license is expressly granted under a license agreement issued by
+ the IETF Trust and must contain a pointer to the full IETF Trust
+ agreement.
+
+ In addition, the IETF Trust may grant additional sublicenses of the
+ licenses granted to it hereunder. In doing so, the IETF Trust will
+ comply with the guidance provided under RFC 5377 [RFC5377].
+
+5.5. No Patent License
+
+ The licenses granted in Section 5.3 shall not be deemed to grant any
+ right under any patent, patent application, or other similar
+ intellectual property right disclosed by the Contributor under BCP 79
+ [RFC3979] or otherwise.
+
+5.6. 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 Contributors, including
+ Indirect Contributors.
+
+ b. No information in the Contribution is confidential, and the IETF,
+ IETF Trust, 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.
+
+
+
+
+
+Bradner & Contreras Best Current Practice [Page 11]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+ d. The Contributor has not intentionally included in the Contribution
+ any material that 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.
+
+5.7. No Duty to Publish
+
+ The Contributor, and each named co-Contributor, acknowledges that the
+ 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 this
+ Section 5.
+
+5.8. Trademarks
+
+ Contributors 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 [RFC3979]
+ Section 6.)
+
+5.9. Copyright in RFCs
+
+ Subject to each Contributor's (or its sponsor's) ownership of its
+ underlying Contributions as described in Section 5.6 (which ownership
+ is qualified by the irrevocable licenses granted under Section 5.3),
+ each Contributor hereby acknowledges that the copyright in any RFC in
+ which such Contribution is included, other than an RFC that is an RFC
+ Editor Contribution, shall be owned by the IETF Trust. Such
+ Contributor shall be deemed to assign to the IETF Trust such
+ Contributor's copyright interest in the collective work constituting
+
+ such RFC upon the submission of such RFC for publication, and
+ acknowledges that a copyright notice acknowledging the IETF Trust's
+ ownership of the copyright in such RFC will be included in the
+ published RFC.
+
+5.10. Contributors' Retention of Rights
+
+ Although Contributors provide specific rights to the IETF, it is not
+ intended that this should deprive them of their right to exploit
+ their Contributions. To underscore this principle, the IETF Trust is
+
+
+
+Bradner & Contreras Best Current Practice [Page 12]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+ directed to issue a license or assurance to Contributors, which
+ confirms that they may each make use of their Contributions as
+ published in an RFC in any way they wish, subject only to the
+ restriction that no Contributor has the right to represent any
+ document as an RFC, or equivalent of an RFC, if it is not a full and
+ complete copy or translation of the published RFC.
+
+6. Legends, Notices and Other Standardized Text in IETF Documents
+
+ The IETF requires that certain standardized text be reproduced
+ verbatim in certain IETF Documents (including copies, derivative
+ works, and translations of IETF Documents). Some of this
+ standardized text may be mandatory (e.g., copyright notices and
+ disclaimers that must be included in all RFCs) and some may be
+ optional (e.g., limitations on the right to make derivative works).
+ The text itself, as well as the rules that explain when and how it
+ must be used, is contained in the Legend Instructions. The Legend
+ Instructions may be updated from time to time, and the version of the
+ standardized text that must be included in IETF Documents is that
+ which was posted in the Legend Instructions on the date of
+ publication.
+
+ The IETF reserves the right to refuse to publish Contributions that
+ do not include the legends and notices required by the Legend
+ Instructions.
+
+ It is important to note that each Contributor grants the IETF Trust
+ rights pursuant to this document and the policies described herein.
+ The legends and notices included in certain written Contributions
+ such as Internet-Drafts do not themselves convey any rights. They
+ are simply included to inform the reader (whether or not part of the
+ IETF) about certain legal rights and limitations associated with such
+ documents.
+
+ It is also important to note that 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 is a
+ republication of the work of another standards development
+ organization. Such exceptions must be approved on an individual
+ basis by the IAB.
+
+7. Security Considerations
+
+ This memo relates to the 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.
+
+
+
+Bradner & Contreras Best Current Practice [Page 13]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+8. References
+
+8.1. Normative References
+
+ [RFC2026] Bradner, S., "The Internet Standards Process -- Revision
+ 3", BCP 9, RFC 2026, October 1996.
+
+ [RFC2028] Hovey, R. and S. Bradner, "The Organizations Involved in
+ the IETF Standards Process", BCP 11, RFC 2028, October
+ 1996.
+
+ [RFC3979] Bradner, S., Ed., "Intellectual Property Rights in IETF
+ Technology", BCP 79, RFC 3979, March 2005.
+
+ [RFC4371] Carpenter, B., Ed., and L. Lynch, Ed., "BCP 101 Update for
+ IPR Trust", BCP 101, RFC 4371, January 2006.
+
+8.2. Informative References
+
+ [RFC3978] Bradner, S., Ed., "IETF Rights in Contributions", BCP 78,
+ RFC 3978, March 2005.
+
+ [RFC4748] Bradner, S., Ed., "RFC 3978 Update to Recognize the IETF
+ Trust", BCP 78, RFC 4748, October 2006.
+
+ [RFC4844] Daigle, L., Ed., and Internet Architecture Board, "The RFC
+ Series and RFC Editor", RFC 4844, July 2007.
+
+ [RFC5377] Halpern, J., Ed., "Advice to the Trustees of the IETF Trust
+ on Rights to be Granted in IETF Documents", RFC 5377,
+ November 2008.
+
+ [Berne] "Berne Convention for the Protection of Literary and
+ Artistic Work", http://www.wipo.int/treaties/en/ip/berne/
+ trtdocs_wo001.html.
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+Bradner & Contreras Best Current Practice [Page 14]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+9. Acknowledgments
+
+ The editors would like to acknowledge the help the IETF IPR Working
+ Group provided during the development of the document.
+
+10. Changes since RFC 3978
+
+ This document represents a significant reorganization and rewording
+ of RFC 3978, along with a number of substantive changes.
+
+ The most basic change is to limit this document to the rights that a
+ Contributor grants to the IETF Trust when making a Contribution. All
+ sublicenses of rights for the use of IETF Documents must be provided
+ by the IETF Trust. (See Section 5.4.)
+
+ Material added from RFC 4748 that recognized the IETF Trust.
+
+ Most of the material relating to RFC Editor documents has been
+ removed since the RFC Editor maintains their own rules and processes
+ for RFC Editor documents. Renamed these documents to "non-IETF
+ documents". Added section 11 from the IAB discussing this topic.
+
+ Changes in the definitions section include defining the terms
+ "Contribution", "Indirect Contributor", "Copyright", "IETF Trust",
+ and "Legend Instructions", as well as minor tweaks to some of the
+ other definitions.
+
+ The responsibility for the text of notices has been given to the IETF
+ Trust and removed from this document. (See Section 6.)
+
+ Clarified that Contributors enter into a legally binding contract
+ when they submit a Contribution. (See Section 5.1.)
+
+ The right to produce derivative works provided by the Contributor to
+ the IETF Trust is not limited to being within the IETF Standards
+ Process.
+
+ Made it clear that this document does not deal with patent licenses.
+ (See Section 5.5.)
+
+ Clarified the ownership of the Copyrights to IETF Documents. (See
+ Section 5.9.)
+
+ Clarified the rights retained by authors of IETF Contributions. (See
+ Section 5.10.)
+
+
+
+
+
+
+Bradner & Contreras Best Current Practice [Page 15]
+
+RFC 5378 RFC 3978-incoming November 2008
+
+
+11. Declaration from the IAB
+
+ The IAB discussed the IPR documents during its most recent call. It
+ unanimously decided that the IAB stream is to be covered by the
+ incoming IPR document. It is our understanding that IAB stream
+ documents' IPR are then automatically covered by the outbound rights
+ that the IETF Trust will establish based on the advice in [RFC5377].
+
+ We also want to stress that, for any change in the inbound rights for
+ streams other than the IETF and IAB streams, there needs to be a
+ stream-dependent discussion and approval process, as indicated in RFC
+ 4844, "The RFC Series and RFC Editor" [RFC4844], section 4.2.3.
+
+ To that extent, section 4 of the document should explicitly mention
+ that the IRTF, the Independent, and any possible future streams are
+ not covered by the document.
+
+ For the IAB,
+
+ Olaf Kolkman
+ April 4, 2008
+
+Editors' Addresses
+
+ Scott Bradner
+ Harvard University
+ 29 Oxford St.
+ Cambridge MA, 02138 USA
+
+ Phone: +1 617 495 3864
+ EMail: sob@harvard.edu
+
+
+ Jorge L. Contreras
+ WilmerHale
+ 1875 Pennsylvania Avenue NW
+ Washington, DC 20006 USA
+
+ Phone: +1 202 663 6872
+ EMail: jorge.contreras@wilmerhale.com
+
+
+
+
+
+
+
+
+
+
+
+Bradner & Contreras Best Current Practice [Page 16]
+