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BEST CURRENT PRACTICE
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Network Working Group                                    S. Bradner, Ed.Request for Comments: 5378                            Harvard UniversityBCP: 78                                                J. Contreras, Ed.Obsoletes:3978,4748                                         WilmerHaleUpdates:2026                                              November 2008Category: Best Current PracticeRights Contributors Provide to the IETF TrustStatus 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 toBCP 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, withBCP 79 andRFC 5377, replacesSection 10 of RFC 2026.Bradner & Contreras      Best Current Practice                  [Page 1]

RFC 5378RFC 3978-incoming               November 2008Table of Contents1. Definitions .....................................................32. Introduction ....................................................52.1. No Retroactive Effect ......................................53. Exposition of Why These Procedures Are the Way They Are .........63.1. Rights Granted in Contributions ............................63.2. Rights to Use Contributions ................................63.3. Right to Produce Derivative Works ..........................63.4. Rights to Use Trademarks ...................................83.5. Contributions Not Subject to Copyright .....................83.6. Copyright in RFCs ..........................................94. Non-IETF Documents ..............................................95. Rights in Contributions .........................................95.1. General Policy .............................................95.2. Confidentiality Obligations ...............................105.3. Rights Granted by Contributors to the IETF Trust ..........105.4. Sublicenses by the IETF Trust .............................115.5. No Patent License .........................................115.6. Representations and Warranties ............................115.7. No Duty to Publish ........................................125.8. Trademarks ................................................125.9. Copyright in RFCs .........................................125.10. Contributors' Retention of Rights ........................12   6. Legends, Notices and Other Standardized Text in IETF      Documents ......................................................137. Security Considerations ........................................138. References .....................................................148.1. Normative References ......................................148.2. Informative References ....................................149. Acknowledgments ................................................1510. Changes sinceRFC 3978 ........................................1511. Declaration from the IAB ......................................16Bradner & Contreras      Best Current Practice                  [Page 2]

RFC 5378RFC 3978-incoming               November 20081.  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 inSection 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 inSection 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 orBradner & Contreras      Best Current Practice                  [Page 3]

RFC 5378RFC 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 inSection 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 athttp://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.  (SeeSection 4.)Bradner & Contreras      Best Current Practice                  [Page 4]

RFC 5378RFC 3978-incoming               November 20082.  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.  Sections3   and 4 of this document explain the rationale for these provisions.   Sections1,2,5, and6 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, withRFC 3979 (BCP 79) and   [RFC5377], replacesSection 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 5378RFC 3978-incoming               November 20083.  Exposition of Why These Procedures Are the Way They Are3.1.  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 (seeSection5.3.), 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 (seeSection 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 seeSection 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 inSection 5.6 below.  These   assurances are requested, however, only to the extent of the   Contributor's reasonable and personal knowledge.  (SeeSection 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 toBradner & Contreras      Best Current Practice                  [Page 6]

RFC 5378RFC 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 theBradner & Contreras      Best Current Practice                  [Page 7]

RFC 5378RFC 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 inSection 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 5378RFC 3978-incoming               November 20083.6.  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 inSection 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 ofRFC 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.  SeeSection 11 for a declaration from the IAB on this   matter.5.  Rights in Contributions5.1.  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 5378RFC 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), andBradner & Contreras      Best Current Practice                 [Page 10]

RFC 5378RFC 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 thisSection 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 underSection5.3 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 athttp://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 underRFC 5377 [RFC5377].5.5.  No Patent License   The licenses granted inSection 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 underBCP 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 5378RFC 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 thisSection 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 inSection 5.6 (which ownership   is qualified by the irrevocable licenses granted underSection 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 isBradner & Contreras      Best Current Practice                 [Page 12]

RFC 5378RFC 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 5378RFC 3978-incoming               November 20088.  References8.1.  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 5378RFC 3978-incoming               November 20089.  Acknowledgments   The editors would like to acknowledge the help the IETF IPR Working   Group provided during the development of the document.10.  Changes sinceRFC 3978   This document represents a significant reorganization and rewording   ofRFC 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.  (SeeSection 5.4.)   Material added fromRFC 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".  Addedsection 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.  (SeeSection 6.)   Clarified that Contributors enter into a legally binding contract   when they submit a Contribution.  (SeeSection 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.   (SeeSection 5.5.)   Clarified the ownership of the Copyrights to IETF Documents.  (SeeSection 5.9.)   Clarified the rights retained by authors of IETF Contributions.  (SeeSection 5.10.)Bradner & Contreras      Best Current Practice                 [Page 15]

RFC 5378RFC 3978-incoming               November 200811.  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 inRFC4844, "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, 2008Editors' 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.comBradner & Contreras      Best Current Practice                 [Page 16]

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