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- 060.01 Rights in Internet Technology Documentation
- by Patrice A. Lyons, Esquire
- <0003432266@mcimail.com>
-
- In the course of Internet technology development, where there is
- a robust and cooperative spirit among the researchers, there has
- been little, if any, abuse of copyrights or other rights in works
- generated in this process. Establishing policies and procedures
- for the treatment of intellectual property aspects of these
- documents that are clear and widely accepted will assist in
- continuing the productive efforts that have been carried out by the
- Internet community over the last twenty years. The need for this
- treatment is greater now that the activity has taken on a much more
- global character.
-
- In the present practice, a document may be submitted, typically in
- electronic form, for dissemination as an internet Draft or as a
- Request for Comments (RFC). As a practical matter, it may not be
- reasonable or time effective for the Internet Draft or RFC editors
- to determine on a case-by-case basis whether and how much of a
- particular document is protected by copyright or other rights;
- or, if a work is known to be protected, who is the owner of these
- rights. The need to go behind the information on the face of each
- document to determine its legal status may make the process more
- complicated than it needs to be.
-
- To simplify matters, it would be advisable to establish policies
- which make it clear that, in submitting a document for publication
- as an Internet Draft or RFC, any author or other owner of copyright
- therein shall be deemed to have granted the publisher, at a minimum,
- an implied, non-exclusive right and license to reproduce, distribute,
- and transmit the work to the public, and to authorize others to do so.
- This implied grant of a non-exclusive license under copyright would
- be followed up with a confirmation of the license, perhaps by e-mail.
-
- In the case of standards track documents, it may also be advisable
- to obtain written assurances from all contributors to cover possible
- patents and patent applications or other intellectual property rights,
- to the effect that licenses will be available on reasonable, non-
- discriminatory terms to practice the standard to which these rights
- may attach. These assurances should be sought at the time the document
- is first entered onto the standards track at the Proposed Standard
- level. There would also be a need for a written and signed confirmation
- of the non-exclusive license under copyright that would also permit
- the making of derivative works as part of the standards development
- process.
-
- Without clear understandings among the parties prior to the
- adoption of an Internet standard, it is always possible for an
- individual claiming copyright or other rights in a specification
- to block or delay the dissemination or practice of the standard.
- It is important to defend against such potential abuses to prevent
- any erosion of the tradition of openness and accessibility fostered
- over the years among the Internet community.
-